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Criminal Defense · Columbia, Missouri

Expungement Lawyer
Columbia, Missouri

A criminal record does not have to follow you forever. Missouri expungement law gives people with prior convictions and arrests the opportunity to seal their records from public view — opening the door to a clean slate and a fresh start in employment, housing, and professional licensing. If you are wondering whether you qualify for expungement in Columbia, Boone County, or anywhere across central Missouri, Bur Oak Legal can evaluate your eligibility and handle every step of the petition process. One attorney, no handoffs, from the first call through the courthouse hearing.

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Licensed in Missouri since 2012
(573) 499-0200
Missouri Expungement Law

What Is Expungement in Missouri?

Expungement is the legal process of sealing a criminal conviction, arrest, or charge from public access. Under § 610.140 RSMo, a person may petition the circuit court in the county where the offense occurred to have eligible criminal offenses removed from their record. Once a record is expunged, law enforcement agencies retain access to sealed records in limited circumstances, but the general public — including most employers, landlords, credit unions, and the insurance industry — cannot access the expunged records.

Missouri passed significant new law in 2021 expanding expungement eligibility to cover more criminal offenses. Effective August 28, 2025, the state now also allows automatic expungement without petition for many eligible offenses under this new law, subject to limits on the total number of prior convictions. Even where automatic expungement under the new law may apply, consulting an expungement lawyer ensures your specific record qualifies and that no action is needed to preserve the seal.

A clean record changes what's possible. Employment rejections, housing denials, professional license barriers — these are the daily consequences of a criminal conviction. Expungement removes those barriers for most employers, landlords, and licensing boards that run standard background checks.

Eligibility

Who Qualifies for Expungement in Missouri?

Eligibility for expungement in Missouri depends on several factors. An experienced expungement lawyer should evaluate all of them before you file — a petition that doesn't qualify wastes time and alerts prosecutors to the attempt.

The Type of Offense

Most misdemeanors and many felonies are eligible. However, certain criminal offenses are expressly excluded by federal or state law regardless of how much time has passed. Excluded offenses include class A felonies, sex crimes and sex offender registration offenses, domestic assault convictions, violent crimes, threats against public officials, and offenses committed by emergency services providers in the course of their duties. The expungement law is designed to exclude applicants whose conduct demonstrate a serious threat to public safety or public welfare. Traffic tickets and minor traffic violations generally follow different rules than standard criminal offenses.

The Three-Year Waiting Period

Under § 610.140 RSMo, you must wait three years from the completion of your sentence — including probation, parole, fines, and any other obligations from the disposition — before filing a petition. The clock does not start until every obligation from the original case is fully satisfied. For an arrest that did not result in a conviction, you may be eligible to petition sooner.

No Subsequent Convictions

At the time the petition is filed, you must not have been found guilty of any subsequent misdemeanor or felony during the waiting period (excluding certain traffic violations). Pending charges also affect eligibility and must be resolved before a petition can succeed. If your record since the original conviction is consistent with rehabilitation, that strengthens your case before the judge.

All Obligations Satisfied

Fines, restitution, probation, and parole must all be completed. Courts will not grant expungement while any obligation from the original disposition remains outstanding. If you entered a plea that resulted in a suspended imposition of sentence — where the court withheld a formal conviction — that disposition may also be expungeable, and the timeline may differ from a standard conviction.

Ineligible Offenses

What Cannot Be Expunged in Missouri?

Missouri state law expressly excludes certain convictions from the expungement process. No matter how much time has passed, these offenses remain on a person's public record and cannot be sealed under § 610.140 RSMo.

Always Excluded

Class A felonies are categorically ineligible for expungement in Missouri. Sex crimes and any offense requiring sex offender registration cannot be expunged. Domestic assault convictions are excluded regardless of the classification of the offense. Violent crimes — as defined under Missouri state law — are also ineligible, as are offenses committed by emergency services providers in connection with their official duties.

Federal convictions are governed by federal or state law applicable in federal courts and cannot be expunged through Missouri's state expungement process. If your conviction was in federal court, a different form of relief — such as a presidential pardon or federal executive clemency — would need to be pursued.

When It's Not Clear

Some convictions fall into gray areas — offenses that may or may not qualify depending on how they were charged, what the final disposition was, and whether the statutory exclusions apply to the specific facts. A criminal defense lawyer can analyze whether your offense falls within an exclusion or whether there is an argument that the statute does not bar your petition.

Even if direct expungement under § 610.140 is unavailable, other options may exist. A governor's pardon, relief from federal collateral consequences, or a legal argument that your offense was misclassified are all avenues worth evaluating. Contact our law firm to discuss what alternatives might apply to your situation.

The Process

How the Expungement Process Works in Missouri

Filing for expungement is a legal process that requires a petition to the Missouri circuit court, formal service on law enforcement agencies and prosecutors, and in many cases a hearing before a judge. Here is what to expect.

1
Evaluate Eligibility
Before anything is filed, an experienced attorney reviews the offense, the disposition, the waiting period, and any subsequent conduct to confirm the petition is viable. This step determines whether the crime at issue qualifies, whether any obligations remain outstanding, and whether any subsequent convictions affect eligibility. Getting this right before filing saves time and avoids alerting prosecutors to a petition that can't succeed.
2
File the Petition
The petition is filed in the circuit court of the county where the offense occurred. For most clients, that means Boone County Circuit Court in Columbia. Clients with convictions in Callaway, Cole, Cooper, Howard, Audrain, or Randolph County file in those respective courts. The petition includes the specifics of the offense, the sentence, and documentation that all obligations have been satisfied.
3
Serve Law Enforcement and Prosecutors
Law enforcement agencies and the prosecuting attorney's office must be formally served with the petition. They have the opportunity to file objections. In contested cases — particularly those involving criminal offenses that prosecutors believe don't meet the statutory requirements — the prosecution may appear at the hearing to challenge the petition. Your attorney prepares to respond to any objections before the hearing date.
4
Attend the Hearing
The judge reviews the petition, any objections, and the relevant evidence. Courts weigh whether granting the expungement is consistent with the interests of justice and public safety. Evidence of rehabilitation, consistent conduct since the original conviction, and the absence of subsequent offenses all support the petition. Your attorney presents the case on your behalf and responds to any prosecution arguments.
5
Expungement Granted — Clean Record
Once the judge grants the petition, the conviction or arrest is sealed. Law enforcement agencies retain access in limited circumstances under state law, but background checks used by most employers, landlords, credit unions, and licensing boards will not show the expunged record. You can generally respond to inquiries about your criminal history by stating that no conviction exists for the expunged offense.
Life After Expungement

How a Clean Record Affects Your Life

Employment

Background checks are the most immediate practical barrier created by a criminal conviction. Employers across many industries routinely exclude applicants with felony convictions automatically — often before any review of the circumstances. An expunged record removes that barrier for most private employers. The person is generally entitled to answer employment applications by stating that no conviction exists for the expunged offense.

Housing

Landlords and property management companies run background checks before approving rental applications, and many have blanket policies that exclude applicants with criminal convictions. Once a record is expunged, most landlords conducting standard background checks will not see the conviction. This opens access to housing that was previously unavailable because of the criminal record.

Professional Licenses

Professional licensing boards in Missouri — for nursing, teaching, real estate, social work, pharmacy, and other regulated fields — require disclosure of criminal convictions and evaluate whether a conviction is disqualifying. Even after expungement, certain licensing agencies may still have access to sealed records under state law. An expungement lawyer can advise on exactly what must be disclosed and to which agencies after your record is sealed.

Financial Services

Credit unions, banks, and other financial institutions sometimes review criminal history for certain accounts, services, or employment within their organizations. Insurance industry underwriters may consider criminal history in licensing or bonding contexts. Expungement removes the conviction from public records that these institutions access through standard background check services.

Cost and Timeline

The cost of expungement in Missouri includes court filing fees, fees for serving law enforcement agencies and prosecutors, and attorney fees. Filing fees vary by county. Attorney fees depend on whether the petition is uncontested or requires a contested hearing. In Boone County and surrounding Missouri courts, expungement petitions generally take several months from filing to a granted order. Contested cases take longer.

Expungement Assistance Programs

Missouri has expungement assistance programs and legal aid organizations serving Columbia and central Missouri that may assist qualifying individuals who cannot afford attorney fees. An expungement lawyer can help you determine whether you qualify for assistance or lower-cost options based on your income and the nature of the conviction.

Common Questions

DWI and Drug Conviction Expungement

Two of the most common expungement questions we receive in Columbia involve DWI convictions and drug possession convictions. Missouri law allows expungement of certain DWI convictions after the three-year waiting period, provided the person has not had a subsequent DWI and has satisfied all other eligibility requirements. A DWI expungement can be significant for people working in transportation, commercial driving, or professions where a DWI on a background check affects employment or licensing.

Drug possession convictions — including felony drug possession charges — are also generally eligible for expungement after three years. A drug conviction on a record can affect employment, housing, professional licenses, and eligibility for certain federal benefits. Expunging a drug crime removes that barrier from most standard background checks and allows the person to answer truthfully that no conviction exists for the expunged matter.

If you were charged with a DWI or drug crime and are wondering whether your record qualifies for expungement, the first step is a confidential case evaluation. Contact our law firm at (573) 499-0200 to speak with an expungement lawyer serving Columbia and central Missouri.

Why Bur Oak Legal

Expungement Law Firm Serving Columbia and Central Missouri

Chris Miller has been serving Columbia and central Missouri since 2012, and has appeared before the Missouri Supreme Court and won — a case that expanded rights for Missourians statewide. That track record in high-stakes advocacy informs how expungement petitions are approached: with careful analysis of the record, proactive identification of any issues prosecutors might raise, and thorough preparation for the hearing.

Bur Oak Legal is a law firm serving Columbia, Missouri and the surrounding region — Boone, Callaway, Cole, Cooper, Howard, Audrain, and Randolph counties. Chris handles every expungement petition personally. There are no handoffs to paralegals or associates. When you work with this law firm, the attorney who evaluates your eligibility is the same attorney who files your petition and appears at your hearing.

Missouri's new law on automatic expungement — effective August 28, 2025 — is a significant development for people with eligible convictions who may not have known expungement was an option. Under this new law, many records will be automatically sealed without requiring a petition. Even so, consulting an expungement lawyer confirms whether your specific record qualifies and whether any action is needed to take full advantage of the new law.

Free consultation. Confidential. No obligation to retain. Call (573) 499-0200 or use the form above to contact our law firm and find out whether your record qualifies for expungement.

Frequently Asked Questions

Expungement Questions Answered

Expungement is the legal process of sealing a criminal conviction, arrest, or charge from public access under Missouri law. Under § 610.140 RSMo, a person may petition the circuit court in the county where the offense occurred to have eligible offenses removed from public view. Once expunged, law enforcement agencies retain access in limited circumstances, but the general public — including most employers, landlords, and licensing boards — cannot see the sealed record.
Under § 610.140 RSMo, you must wait three years from the completion of your sentence — including probation, parole, fines, and any other obligations from the disposition — before filing an expungement petition for a felony or misdemeanor conviction. The clock does not start until every obligation from the original case is fully satisfied. For arrests that did not result in a conviction, you may be eligible to petition sooner.
Missouri state law expressly excludes certain convictions from expungement eligibility regardless of how much time has passed. Ineligible offenses include class A felonies, sex crimes and offenses requiring sex offender registration, domestic assault convictions, violent crimes, crimes against law enforcement, and offenses committed by emergency services providers in connection with their duties. Federal convictions cannot be expunged through Missouri's state expungement process.
Yes. Missouri law allows expungement of certain DWI convictions after the three-year waiting period, provided the person has not had a subsequent DWI and has satisfied all other eligibility requirements under § 610.140 RSMo. Not every DWI qualifies — the specific circumstances of the offense and prior record determine eligibility. An expungement lawyer can review the record and confirm whether your DWI is eligible.
Yes. Effective August 28, 2025, Missouri allows automatic expungement without a petition for many eligible offenses, subject to limits on the total number of prior convictions. Automatic expungement applies to eligible misdemeanors and felonies after the waiting period has passed. Even where automatic expungement may apply, consulting an expungement lawyer ensures your specific record qualifies and no action is needed to preserve the seal.
After a Missouri expungement, you may generally respond to most employer inquiries about criminal history by stating that no conviction exists for the expunged offense. However, certain licensing boards and government agencies — including law enforcement agencies and some professional licensing bodies — may still have access to sealed records under state law. An expungement lawyer can advise you on exactly what must and need not be disclosed after your record is sealed.
Related Practice Areas

Related Practice Areas

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