A Fresh Start
JANUARY 1, 2018 UPDATE: The Missouri Legislature passed a new expungement bill in 2016 that will has many positive changes for Missourians. This new bill will went into effect on January 1, 2018. MANY NEW OFFENSES ARE EXPUNGEABLE under the new expungement statute.
In addition to consequences such as jail, probation, or fines, a criminal conviction can have a lifelong impact. A criminal record can negatively impact employment, housing, licensure, and can enhance penalties if you are charged with another crime. At the Faber Law Firm, we fight to keep our clients records clean. When they are already tarnished, we fight for a clean slate and a fresh start. In Missouri, there are a select few offenses that are expungeable, but more avenues for expunging additional offenses will become available in the future.
What is an expungement?
When a conviction is expunged, that conviction is either closed to the general public or permanently removed from that person’s criminal record, depending on what kind of expungement it is. With a felony expungement, a person's civil rights are restored to their status prior to the conviction.
What charges can be expunged?
DWI Expungement – A first time (Class B misdemeanor) DWI can be expunged in the State of Missouri and municipal courts after a period of ten years if you do not have a conviction for a second “alcohol related driving offense.”
BAC Expungement – A first time (Class B misdemeanor) Driving With an Excessive Blood Alcohol Content (BAC) can be expunged in the State of Missouri and municipal courts after a period of ten years if you do not have a conviction for a second “alcohol related driving offense.”
MIP Expungement – A first time Minor in Possession (MIP) can be expunged in the State of Missouri and some municipal courts after you turn 22 years old can be expunged if you do not have a second conviction for an alcohol-related offense or have “alcohol related enforcement contacts.”
NEW! 2018 EXPUNGEABLE OFFENSES
ALL OFFENSES ARE EXPUNGEABLE EXCEPT:
Class A felonies
Offenses requiring registration as a sex offender
any felony where death is an element of the offense
Felony Assault
Domestic Assault
Sex offenses
2nd or subsequent DWI
Any offense specifically listed in 610.140, RSMo. Notable non-expungeable offenses include:
Stealing
Forgery
Fraudulent Use of a Credit/Debit Device
Burglary 1st Degree
Robbery 2nd Degree
When can i get an expungement?
A misdemeanor conviction can be expunged 3 years after the sentence has been completed.
A felony conviction can be expunged 7 years after the sentence has been completed.
How do I expunge a conviction, plea, or criminal record?
You must file a Petition for Expungement in the sentencing court, and go before a judge, who determines whether or not you meet the criteria for expungement.
Contact the Faber Law Firm today by phone at (573) 424-7563 or by email at Ben@CoMoCriminalDefense.com for more information on how we can help expunge your criminal record!
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