Expungement

In Missouri, expungement is the legal process of sealing a criminal record from public view. While an expunged record still exists in the eyes of law enforcement and certain government agencies, it is removed from most background checks, and you can legally state that you have not been convicted of that offense in most situations.

Key Aspects of Missouri’s Current Expungement Landscape

1. Key Governing Laws

The primary statutes governing expungement in Missouri are found in Chapter 610 of the Revised Statutes of Missouri (RSMo):

  • RSMo 610.130 Alcohol-related driving offenses, expunged from records, when — procedures, … (1/1/2017)
  • RSMo 610.131 Expungement for persons less than eighteen years of age at time of offense. (8/28/2019)
  • RSMo 610.140 Expungement of certain criminal records — definitions — petition, contents, … (1/1/2025)
  • RSMo 610.145 Stolen or mistaken identity, expungement of records, procedure. (8/28/2017)
2. Eligibility and Waiting Periods

Eligibility depends on the type of crime and the time passed since the completion of your sentence (including probation or parole).

Offense TypeWaiting PeriodLifetime Limit
Misdemeanors1 YearUp to 3 offenses
Felonies3 YearsUp to 2 offenses

Ineligible Offenses: Generally, the law (RSMo 610.140) prohibits the expungement of:

  • Class A Felonies
  • Dangerous felonies (there are 28 of them – see here)
  • Offenses requiring sex offender registration
  • Domestic Assault
  • Most Felony Assault charges
3. The Process

Depending on the offense, there are now two paths:

  • Automatic Expungement: There is automatic expungement for some old marijuana offenses now that it legal in Missouri.
  • Petition-Based Expungement: For offenses not covered by automatic processes, you must file a petition in the court where you were charged. You must name all agencies that might have your record (e.g., the Highway Patrol, the local Sheriff). – See RSMo 610.140

Do you need a lawyer for a “petition”? It is not required but it can be very helpful. Here are some resources provided by MSPD’s Holistic Defense Services > here.

Here is info from the Missouri Bar Association (MoBar) > here

4. Legal Effect of Expungement

Once an order is granted:

  • Civil Rights: Your status is restored to what it was before the arrest or conviction.
  • Employment: You can legally deny the conviction on most job applications.
  • Exceptions: You must still disclose the offense if applying for a job that requires a security clearance, a position with a federally insured bank, or an insurance-related license.

Important Note: Expungement does not waive the obligation to pay any outstanding restitution to victims. Most records will not be cleared until all financial obligations to the victim are satisfied.


Potential Big Positive Changes

As of early 2026, Missouri is considering “Clean Slate” model, which significantly lowers barriers for clearing records compared to the traditional petition-based system.

Target Population: The campaign aims to help over 1.9 million Missourians facing barriers from old criminal records.

The “Clean Slate” Goal: Rather than requiring individuals to file, pay for, and navigate a, as described by Empower Missouri, “time-consuming, confusing, and expensive” petition process, the legislation would automate the sealing process.

Support & Movement: The legislation has received bipartisan support. The Missouri Clean Slate Campaign is backed by organizations like Empower Missouri, the NAACP, and various legal services organizations. The Missouri Clean Slate initiative aims to transition from a petition-based, manual system to automated, electronic expungement for eligible nonviolent, drug-related, and property-related criminal records. While Missouri already has expanded expungement laws, the proposed “Clean Slate” legislation (like this proposed Missouri bill) seeks to automatically seal records for thousands of people, addressing barriers to employment, housing, and education.


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