Expungement lawyer Justin Summary has successfully expunged criminal records for clients all over the State of Missouri as well as in Illinois. If you are seeking an expungement of your criminal or arrest record contact us today to get a free price quote and to get an analysis of whether you would qualify for an expungement. The typical turnaround time for expunging a record is approximately ninety (90) days from the date of the filing of the petition for expungement.
There are a few different expungement statutes in Missouri that are used to expunge a criminal record. The first is found in the Revised Statutes of Missouri (2016) section 610.122. Under this statute, an expungement of your record may be sought if the court determines that the arrest was based on false information AND the following conditions exist:
1) There is no probable cause, at the time of the action for expungement, to believe the individual committed the offense;
2) No charges will be pursued as a result of the arrest;
3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
5) No civil action is pending relating to the arrest or the records sought to be expunged.
It should be noted that the first requirement for this particular statute (requiring no probable cause to believe the petitioner committed the crime) prevents expungements in cases where someone has pled guilty to the charge that they are wanting expunged. An expungement under this statute is typically used when someone is arrested for a crime and the charge was either never filed or filed and then subsequently dismissed.
The second expungement statute is found in the Revised Statutes of Missouri (2016) section 610.140. This statute differs from the above statute in that it allows for expungements in cases where people have pled guilty to the offense. However, it should be noted that the following offenses are not eligible for expungement under this statute:
(1) Any class A felony offense;
(2) Any dangerous felony as that term is defined in section 556.061;
(3) Any offense that requires registration as a sex offender;
(4) Any felony offense where death is an element of the offense;
(5) Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
(6) Any of the following offenses (list is not exhaustive): Kidnapping 2nd and 3rd degree, sexual misconduct 1st degree, child abduction, abandonment of a child 1st and 2nd degree, endangering the welfare of a child 1st degree, abuse or neglect of a child, arson 1st and 2nd degree, burglary 1st degree, property damage 1st degree, robbery 2nd degree, stealing, forgery, fraudulent use of a credit device, identity theft, unlawful use of a weapon,
If your plea, trial or conviction is not otherwise barred by this expungement statute, you must wait at least seven (7) years after you complete any jail sentence or term of probation for a felony offense and three (3) years for any misdemeanor or infraction.
During that seven or three year period you cannot have any other findings of guilt on any misdemeanor or felony charges nor can you currently have any pending charges against you.
Under this statute you can expunge two misdemeanor offenses and one felony offense (although if there were multiple counts charged arising from the same course of conduct there is an exception for this rule.)
The third expungement statute is found in the Revised Statutes of Missouri (2016) section 610.130. This expungement statute allows first time DWI offenders who have not had any other alcohol related offenses in 10 years and who were not driving a commercial vehicle (and do not currently have a commercial driver's license) to expunge their record for that offense.
If you are considering filing an application for expungement contact expungement attorney Justin Summary today for an analysis of your case and to get a price quote for an expungement of an arrest record.
Areas of Practice
The Summary Law Firm
4542 West Pine Blvd.
St. Louis, Missouri 63108
Phone: (314) 485-9192
Fax: (314) 828-8292