State Summary

The Missouri Second Chance Expungement Gap

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Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Sources:

Summary of the Law

CONVICTIONS:Mo. Rev. Stat. § 610.140.4 (2019) (Link to gov hosted version, 2019)

  1. Misdemeanors:
    1. Expungement if misdemeanor (defined here), upon petition, if clean after 3 year waiting-period starting from sentence completion subject to exceptions below (§ 610.140.4 at (5)(1))
    2. Expungement for 1st-time DWI offense, upon petition, if clean after 10 year waiting-period starting from sentence completion, else alcohol offenses not eligible per below (§ 610.130(1)) (DWI = “intoxication related traffic offense”)
  2. Felonies: Expungement if felony if 7 years clean after sentence completion (§ 610.140.4 at (5)(1))
  3. Not eligible: all crimes listed in § 610.140 at (2) including class A felony (high-level definition) (at 1) dangerous felonies (at 2)(defined in sec. 19 of statute), sex offenses (at 3), death offenses (at 4), crimes listed at (5), (6), (7), (11) intoxication-related traffic (8) [do not model: (9)-(11)]
  4. *Lifetime limits: Up to 1 felony and 2 misdemeanors per lifetime, as evaluated by the highest level offense. (§ 610.140.4 at (12))
  5. Treatment of multiple convictions from the same incident: Treat as a single conviction (highest one) in the same petition. (§ 610.140.4 at (10))
  6. LFO payment required for sentence completion: yes. (§ 610.140 5(3))
  7. Other Unmodeled Criteria or details: None.

NON-CONVICTIONS: (Mo. Rev. Stat. § 610.105)

  1. Closure of records, automatically, if nolle pros, dismissal, acquittal upon disposition with no waiting-period.
  2. Closure of records, automatically, if nolle pros, dismissal, acquittal upon disposition with no waiting-period.
  3. Expungement by petition, after 3 years subject to ineligibility limits applicable to convictions.
    1. Not Eligible: Designated child endangerment, child sex offenses
  4. Noted but do not model: expungement for arrests

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