Missouri DWI Expungement
Information provided on this page is for educational use only. Accessing this page does not give rise to an attorney-client relationship, and the information provided should not be regarded as legal advice. Laws of the State of Missouri are subject to change, and there is no warranty, express or implied, that the information included on this page is still accurate at the time of access. Please consult a licensed Attorney to discuss the specifics of any legal matter. Attorneys at Cline, Braddock & Basinger can be reached at (573) 443-6244
State of the Law
Under Missouri law certain offenses may be expunged following a period of good behavior without additional convictions. If all prerequisites are met it is currently possible to expunge a Missouri DWI including all records of criminal conviction, arrest records, and driving records. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction as if such event had never taken place. See 610.130 RSMo.
In order to receive an expungement a petition must be filed in the original court of conviction. Following such filing, the matter must be set for an evidentiary hearing at which evidence will be presented. If all prerequisites are met, a judgment expunging the prior conviction and/or plea will be entered. A skilled attorney can be crucial in properly drafting the petition and presenting evidence during the expungement hearing.
Prerequisites for Expungement
In order to be granted an expungement of a prior DWI, a person must meet the following prerequisites:
- It has been at least ten (10) years since the date of plea and/or conviction; and
- The offense to be expunged is a first and only plea and/or conviction for an alcohol-related driving charge (DWI, etc); and
- The offense was not committed while operating a commercial motor vehicle, and the person does not currently hold a commercial motor vehicle license; and
- The person has no other alcohol-related driving charges or alcohol-related enforcement actions pending at the time of the hearing.
Your Legal Rights!
Remember: You have a right to the assistance of an attorney to expunge your prior DWI! An experienced attorney will be able to determine:
- Whether you qualify for a DWI expungement;
- In what court or jurisdiction to file for expungement;
- What documentation will be required, and how to properly certify such documentation;
- What allegations must be stated in the petition, and what evidence must be adduced at hearing.
Attorneys at Cline, Braddock & Basinger are ready to assist you. It is our hope that you find these materials useful. When you are ready, contact our offices to schedule a free appointment!
If you do not own a vehicle to install the interlock device I and vehicle I have access to is used for owners employment can that be waived?
For expungements there is not an interlock requirement. If you mean for license reinstatement, then no interlock generally cannot be waived. On a first DWI reinstatement there is not usually an interlock requirement. For subsequent DWIs the interlock requirement is enforced by Department of Revenue pursuant to state statute, so it is not something that a Judge or court could waive.
So if you have more than one dwi. Does this make you ineligible to have a dwi expunged?
Correct, only a “first” DWI can be expunged, and only if such person has not been convicted of any subsequent intoxication-related traffic offense or intoxication-related boating offense, has no other subsequent alcohol-related enforcement contacts as defined in section 302.525. If a person has two or more DWIs, then none of them can be expunged under current law.