A criminal record follows people in ways they often don't fully understand until it's too late — a job application rejected, an apartment denied, a professional license revoked. Missouri's expungement law, codified at RSMo § 610.140, gives eligible Missourians a chance to clear certain convictions from their public record. But the law comes with strict eligibility rules, a one-time lifetime limit, and a process that requires careful execution.
Here is an honest look at what Missouri's expungement law does and doesn't do — and what you need to know before pursuing it.
What Expungement Actually Does
An expungement under RSMo § 610.140 seals the criminal record from public view. After a successful expungement:
- The conviction no longer appears on most background checks
- You can legally answer "no" on most job applications when asked about prior convictions
- The record is removed from public court databases
- Private background check companies must update their records once notified
What expungement does not do:
- The records are not destroyed — they remain accessible to law enforcement and courts
- Expunged records can still be used in future criminal cases to establish prior conviction history
- Some federal background checks may still access sealed records
- Certain licensing boards (medical, legal, financial) may still inquire and require disclosure
Expungement is not invisibility. But for most practical purposes — job hunting, housing applications, everyday life — it removes a barrier that can be significant.
Who Is Eligible: The Waiting Period
Missouri's expungement law requires you to wait a specified period after completing your sentence before filing a petition:
- Misdemeanors: 3 years after sentence completion (including probation and parole)
- Felonies: 7 years after sentence completion
During the waiting period, you must have had no new criminal convictions. Any new conviction resets the clock — and some convictions can make you ineligible entirely.
What Cannot Be Expunged in Missouri
Not every conviction is eligible for expungement. The following offenses are excluded from Missouri's expungement law:
- Class A felonies (murder, first-degree robbery, first-degree rape, etc.)
- Dangerous felonies as defined by RSMo § 556.061
- Any offense requiring registration as a sex offender
- DWI offenses and intoxication-related traffic offenses
- Domestic assault offenses
- Endangering the welfare of a child
- Any felony where a dangerous instrument or deadly weapon was used
- Felony assault on a law enforcement officer
- Felony offenses against a child under 17
This is not an exhaustive list — the full statutory exclusions should be reviewed carefully before assuming a conviction is eligible. This is one area where consulting an attorney before filing is especially important.
Thinking about expunging your Missouri criminal record?
Missouri allows only one lifetime expungement. Getting it right — filing for the right offense, at the right time, with the right petition — matters enormously. Chris Miller can help you evaluate whether you're eligible and handle the petition from start to finish. Free consultation.
Talk to Chris Miller →The One-Time Lifetime Limit
This is the most important feature of Missouri's expungement law: you are allowed only one expungement in your lifetime. If you have multiple convictions, you must choose which one to expunge — and once your petition is granted, that's it. There is no second opportunity.
This makes strategy critical. If you have both a felony and a misdemeanor on your record, and only one is causing you problems, that's the one to expunge. If a felony conviction is preventing you from working in your field, focus there. An attorney can help you think through which expungement will have the greatest practical impact on your life.
The Expungement Petition Process
The process for expungement under RSMo § 610.140 involves:
- Filing a petition in the circuit court where the conviction occurred. The petition must include specific information — your identifying information, the offense, date of conviction, case number, and a statement that you meet the eligibility requirements.
- Serving the petition on the prosecutor's office, the arresting agency, and other interested parties. Failure to properly serve can result in the petition being rejected or delayed.
- A waiting period after filing during which parties can respond or object.
- A hearing — if the prosecutor or another party objects, the court holds a hearing where both sides can present arguments. If no one objects and the petition is facially sufficient, courts often grant the expungement without a contested hearing.
- The order — if granted, the court issues an expungement order that is sent to the arresting agency, the Missouri State Highway Patrol (which maintains criminal records), and other relevant parties.
The entire process typically takes several months from filing to completion.
Why Getting the Petition Right Matters
Missouri's self-help courts provide forms for expungement petitions. But "do it yourself" expungements fail at a higher rate than attorney-filed petitions — often because of errors in identifying the correct statutory basis for eligibility, improper service, or incomplete information.
More importantly: if you file for an offense that isn't eligible, the court will deny your petition. And while a denial on an ineligible offense doesn't necessarily consume your one-time opportunity, it wastes time, court filing fees, and creates a record of the attempt. The uncertainty alone is a reason to have an attorney confirm eligibility before filing anything.
If you're thinking about expungement in central Missouri, contact Bur Oak Legal for a free consultation. Chris Miller can review your record, confirm whether your conviction is eligible, and handle the petition process from start to finish.