•General Practice
•Traffic Law
•DWI Expungement
EXPUNGING CRIMINAL RECORDS
Various Missouri statutes allow for the expungement of alcohol-related driving offenses, minor in possession of intoxicating liquor offenses, and certain felony and misdemeanor criminal records. Expungement is a court-ordered removal of all official records of an individual’s arrest, plea, trial or conviction. The effect of an expungement order is to restore an individual to the status he or she occupied prior to such arrest, plea or conviction, as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement.
A. ALCOHOL-RELATED DRIVING OFFENSES (DWI)
RSMo. 577.054.1 allows for the expungemnt of first-time DWI offenses. A person shall only be entitled to one expungement under this statute. To qualify for expungement, all of the following criteria must be met to the satisfaction of the court:
The case to be expunged must be a first alcohol related driving offense that is a misdemeanor or a county or city ordinance violation.
The plea of guilty or conviction on the alcohol related case must have been entered at least 10 years before the application for expungement is made.
The person was not licensed as a commercial motor vehicle driver or was not operating a commercial motor vehicle at the time of the violation.
The individual must not have been convicted of any other alcohol related driving offense since the original offense.
The individual must not have had any other alcohol related enforcement contacts since the original offense.
The individual must not possess a commercial driver’s license (CDL).
B. MINOR IN POSSESSION OF INTOXICATING LIQUOR OFFENSES (MIP)
Section 311.326 RSMo. allows for the one time expungement of a MIP offense if the following criteria have been met:
The person is at least 22 years old.
The person pled guilty to, or was found guilty of, purchasing or possession of alcohol by a minor for the first time and has not been convicted of any other alcohol related offense.
The person was not licensed as a commercial motor vehicle driver or was not operating a commercial motor vehicle at the time of the violation.
C. CERTAIN FELONY AND MISDEMEANOR OFFENSES
RSMo. 610.140 allows for the expungement of various felony and misdemeanor convictions. A person whose criminal records have been expunged under this statute does not have to admit to the existence of the prior expunged records except: when asked by a court; upon being charged with a subsequent offense; when applying for a professional license, certificate or permit issued by the state; or when applying for a gaming license or any state operated lottery or emergency services provider. Expunged offenses may be used for sentence enhancement for a prior offender of the same offense.
Eligible offenses include felony or misdemeanor passing a bad check; fraudulently stopping payment of an instrument; fraudulent use of a credit or debit device; and certain misdemeanor trespass, property damage, gambling and peace disturbance crimes.
The criteria that may be considered by a court in granting an order of expungement for each offense include:
It has been at least 20 years if the offense is a felony, or at least 10 years if the offense is a misdemeanor, municipal offense, or infraction, since the person making the application completed:
The person has not been found guilty of a misdemeanor or felony, not including traffic violations, during the time period specified for the underlying offense;
The person has paid any amount of restitution ordered by the court;
The circumstances and behavior of the petitioner warrant the expungement; and
The expungement is consistent with the public welfare.
Carol Mitchell, Esq.
Mitchell Law, LLC
636-697-5754
carol@mitchelllawllc.com
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