Missouri Expungements

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

Introduction

In 2018 Missouri passed a new comprehensive expungement law, which is now codified at 610.140 RSMo. Under the new law approximately 1,900 offenses can now be expunged. A petition to expunge a misdemeanor may be filed one (1) years after completion of any sentence or probation period. A petition to expunge a felony may be filed three (3) years after completion of any sentence or probation period.

The petition for expungement must include the applicant’s full name, sex, race, driver’s license number, if applicable, current address, each offense, violation, or infraction for which the petitioner is requesting expungement, the approximate date the petitioner was charged for each offense, violation, or infraction, the name of the county where the petitioner was charged for each offense, violation, or infraction and if any of the offenses, violations, or infractions occurred in a municipality, the name of the municipality for each offense, violation, or infraction, and the case number and name of the court for each offense. The applicant must also complete a fingerprint background check through the Missouri State Highway Patrol. There are numerous locations throughout the country where this can be completed, and our attorneys can assist you in scheduling a date and time for fingerprinting.

Once a petition is filed, the state has thirty (30) days to file an objection. A hearing can then be set a few weeks later if there is no objection, or a trial if the state does object. Generally, the state does not file an objection if all requirements are met at the time of filing. Upon the granting of an expungement order the effect of such order shall be to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. Any rights lost due to a felony conviction are restored upon the entry of an expungement order.

Offenses That May Be Expunged

Many offenses can now be expunged under the statute. The following list includes many of the offenses that can be expunged, but due to the large number of expungeable offenses, they cannot all be listed here. If you do not see your specific charge, please contact our office so that we may discuss the specifics of your situation.

OFFENSES AGAINST PERSONS THAT CAN BE EXPUNGED

565 Offenses

Harassment in the 1^st degree – 565.090

Harassment in the 2^nd degree – 565.091

Interference with custody – 565.150

Parental kidnapping – 565.153

Failure to report elder abuse – 565.188

Filing a false elder abuse or neglect report – 565.189

Abuse of an elderly person or person with a disability  – 565.184

Stalking in the 1^st degree – 565.225

Stalking in the 2^nd degree – 565.227

Unlawful posting certain information on the internet – 565.240

Invasion of privacy – 565.252

Failure to pay child support/criminal nonsupport – 568.040

All gambling and lottery offenses are expungeable as long as they are not Class A felonies.

ARSON, BURGLARY, TRESPASSING AND RELATED OFFENSES THAT CAN BE EXPUNGED

569 Offenses

Possession of a tool to break into a vending machine – 569.075

Tampering in the 1^st Degree – 569.080

Tampering in the 2^nd Degree – 569.090

Tampering with computer data – 569.095

Tampering with computer equipment – 569.097

Tampering with computer users – 569.099

Property damage in the 2^nd degree – 569.120

Unlawfully entering or defacing a cave or cavern – 569.135

Polluting cave or subsurface waters – 569.137

Property Damage 1st degree – 569.100

Trespass in the 1^st degree – 569.140

Trespass in the 2^nd degree – 569.150

Trespass of a school bus – 569.155

Burglary in the 2^nd degree – 569.170

Possession of burglary tools – 569.180

570 Offenses

Stealing (misdemeanor) – 570.030

Appropriation for Cable Services – 570.039

Feigned blindness – 570.053

Stealing leased or rental property – 570.057

Alteration or removal of item numbers with intent to deprive owner– 570.085

Possession of a forging instrumentality – 570.100

Issuing a false instrument or certificate – 570.110

Passing bad check – 570.120

Fraudulently stopping payment on an instrument – 570.125

Fraudulent use of a credit device – 570.130

Fraudulently procurement of a credit or debit card

Deceptive business practice – 570.140

Financial exploitation of an elderly person with a disability – 570.145

Commercial bribery – 570.150

Library theft, guilty of stealing – 570.210

Misapplication of funds for financial institution – 570.217

Check kiting – 570.220

Misappropriation of financial property – 570.225

Facilitating a theft of cable television services – 570.300

Operating an audio/visual recording device in a motion picture theater – 570.302

Misuse of Military medals – 570.350

Fraud or deception obtaining instruction permits, drivers license or non-drivers license – 570.375

Mass manufacture, possession of five or more fake I.D.s – 570.380

Unlawful receipt of public assistance benefits or EBT – 570.400

Conversion of public assistance benefits or EBT card – 570.402

Unlawful transfer of public assistance benefits – 570.404

Perjury for the purpose of obtaining public assistance – 570.408

WEAPON OFFENSES THAT ARE ELIGIBLE FOR EXPUNGEMENT

571 Offenses

Armed Criminal Action – 571.015

Unlawful use of a weapon – 571.030

Defacing a firearm – 571.045

Possession of a defaced firearm – 571.050

OFFENSES AGAINST PUBLIC ORDER THAT ARE ELIGIBLE FOR EXPUNGEMENT

574 Offenses

Private Peace Disturbance – 574.020

Disrupting a house of worship – 574.035

Unlawful assembly – 574.040

Rioting – 574.050

Refusal to disperse – 574.060

Drunkenness’ or drinking in certain places

Institutional vandalism

Unlawful funeral protest – 574.160

Interference with medical assistance

OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE THAT CAN BE EXPUNGED

575 Offenses

Hindering a prosecution – 575.030

False affidavit – 575.050

False decorations – 575.060

Proof of false reports – 575.080

False bomb report – 575.090

Tampering with physical evidence – 575.100

Tampering with a public record – 575.110

False impersonation – 575.120

Simulating legal process – 575.130

Filing a nonconsensual common law lien – 575.133

Signal or directing of law enforcement or fire department to use

Resisting arrest – 575.150

Interference with legal process – 575.160

Refusing to make an employee available for service process – 575.170

Failure to execute an arrest warrant – 575.180

Refusal to identify a witness – 575.190

Tampering with electronic monitoring equipment – 575.205

Violating a condition of lifetime supervision – 575.206

Disrupting a judicial proceeding – 575.250

Tampering with the judicial proceeding – 575.260

Tampering with a witness or a victim – 575.270

Acquiescing to corruption – 575.280

Improper communication – 575.290

Misconduct by a jury – 575.300

Misconduct in administration of justice – 575.320

PUBLIC SAFETY OFFENSES THAT ARE ELIGIBLE FOR EXPUNGEMENT

577 offenses

Driving while intoxicated – 577.010

Boating while intoxicated – 577.013

Boating with an excessive blood alcohol content – 577.014

Consumption of alcohol beverages while driving – 577.017

Unlawful use of water skis and surf boards – 577.024

Negligent operation of vessel – 577.025

Leaving the Scene of an Accident – 577.060

Failure to report a shooting – 577.068

Damage to State property – 577.073

Unlawful disposition of a dead animal – 577.076

Abandonment of airtight or semi-airtight containers – 577.100

Construction or use of a waste disposal well  –  577.155

Prohibiting the use of a life jacket – 577.161

Leaving a child unattended in a motor vehicle: 1^st and 2^nd degree  –  577.300

Failure to comply with ignition interlock device requirements – 577.599

Renting, lending or leasing a vehicle to a person required to comply with ignition interlock requirements – 577.600

Failure to notify another of ignition interlock requirements – 577.605

Tampering with or circumventing the operations of interlock device – 577.612

Transporting of illegal aliens – 577.675

Illegal re-entry – 577.685

Vulgar or profane language passenger under the influence of alcohol or drugs on a bus – 577.709

Removal of baggage or cargo without owner’s permission – 577.718

DRUG OFFENSES WHICH ARE ELIGIBLE FOR EXPUNGEMENT

579 Offenses

Possession of a controlled substance – 579.105

Delivery of a controlled substance – 579.020

Distribution of a controlled substance in a protected location – that’s a Class A felony

Unlawful distribution or delivery or sale of drug paraphernalia – 579.040

Fraudulently attempting to obtain a controlled substance – 579.045

Manufacture of an imitation of a controlled substance – 579.050

Manufacture of a controlled substance – 579.055

Unlawful sale, distribution or purchase of over-the-counter methamphetamine precursor – 579.060

Trafficking drugs in the 1^st Degree, as a Class B Felony – 579.065

Trafficking in the 2^nd degree

Creating a danger – 579.070

Furnishing the materials for the production of a controlled substance – 579.072

Unlawful possession of drug paraphernalia – 579.074

Unlawful manufacture of drug paraphernalia – 579.076

Possession of an imitation controlled substance – 579.078

Delivery of an imitation controlled substance – 579.080

Marketing of ephedrine or pseudoephedrine – 579.082

Distribution of controlled substance in violation of registration requirements – 579.084

Unlawful delivery of a controlled substance by a manufacture or distributor – 579.086

Tampering with a prescription or drug prescription order – 579.090

Possession of anhydrous ammonia – 579.095

Inhalation or inducing others to inhale solvate fumes for causing certain actions prohibited – 579.097

Inducing or possession with intent to induce symptoms by use of certain solvents and other substances – 579.099

Possession or purchase of solvents to aid others in violations – 579.101

Selling or transferring solvents to cause certain symptoms – 579.103

Keeping or maintaining a public nuisance – 579.105

Possession of methamphetamine precursors  – 579.110

Copy of suspicious transaction report of certain drugs to be submitted to chief law enforcement officer – 579.115

Distribution of prescription medication on school property – 579.150

Possession of prescription medication on school property – 579.155

MISCELLANOUS OFFENSES ELIGIBLE FOR EXPUNGEMENT

Animal neglect – 578.009

Animal trespass – 578.011

Animal abuse – 578.012

Recording of farm animals alleged to be abused or neglected – 578.013

Knowingly releasing an animal – 578.029

Unlawful removal of an electronic dog collar or radio transmission device – 578.028

Causing a dog to pursue a live animal propelled by a device – 578.025

Spectating dog fighting – 578.026

Dog fighting – 578.025

Keeping a dangerous dog  –  578.024

Keeping a dangerous wild animal  – 578.023

Cock fighting – 578.050

Desecration of flags – 578.095

Interference with lawful hunting, fishing or trapping 1^st and 2^nd degree – 578.150 578.152

Baiting or fighting animals – 578.173

Bear wrestling – 578.176

Sports bribery – 578.398 578.399

Participating knowingly in a criminal street gang – 578.423

Unlawful fishing, hunting or trapping on private land  – 578.520

Unlawful retrieval or large or small game – 578.525

Offenses That Cannot Be Expunged

Unfortunately, no all offenses can be expunged. The legislature has delineated specific offenses that cannot be expunged. The following offenses cannot be expunged under 610.140 RSMo, regardless of the underlying facts.

• Any class A felony offense;
• Any dangerous felony as that term is defined in section 556.061;
• Any offense that requires registration as a sex offender;
• Any felony offense where death is an element of the offense;
• Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
• Any offense listed, or previously listed, in chapter 566
• Any of the following offenses:

105.454 – Conflicts of interest prohibited105.478 – Conflicts of interest and lobbying offenses penalties115.631 – Election offenses and penalties130.028 – Prohibitions against discrimination and intimidation relating to elections, penalties188.030– Abortion of viable unborn child prohibited, penalty 188.080 – Abortion performed by other than a physician, a felony 191.667 – Intentionally infecting another person with AIDS, penalty

194.425 – Abandonment of a Corpse

217.385 – Assault on corrections officer or property of an offender, penalty

334.245 – Felony of non-physician performing an abortion, penalty

375.991 – Fraudulent insurance act

389.653 – Railroad trespass, misdemeanor and felony (discharges a firearm)

455.538 – Failure to surrender custody, violation of ex parte or full order of protection, penalty

557.035 – Hate crimes, penalty

565.084 – Transferred to 575.095 Tampering with a judicial officer

565.085 – Transferred to 575.115, endangering a corrections employee, visitor or other offender, penalty

565.086 – Transferred to 575.157, assaults on employee of department of mental health, visitor or offender

565.095 – Cross burning, transferred to 575.140 *

565.120 – Kidnapping

565.130 – Kidnapping 3rd degree

565.156 – Child abduction

565.200 – Sexual contact or intercourse with skilled nursing home residents

565.214 – Vulnerable person abuse

566.093 – 1st degree sexual misconduct, penalties

566.111 – Sex with an animal

566.115 – Sexual contact with a nursing facility resident or vulnerable person 1st degree

568.020 – Incest

568.030 – Abandonment of a child 1st degree

568.032 – Abandonment of a child 2nd degree

568.045 – Endangering the welfare of a child 1st degree

568.060 – Abuse or neglect of a child, penalty

568.065 – Genital mutilation of a child, penalty – affirmative defenses

568.080 – Child used in sexual performance, penalties

568.090 – Promoting sexual performance by a child, penalties

568.175 – Trafficking in children – elements of crime – penalty

569.030 – Robbery in the 2nd degree

569.035 – Pharmacy robbery in the 2nd degree

569.040 – Arson in the 1st degree

569.050 – Arson in the 2nd degree

569.055 – Knowingly burning or exploding

569.060 – Reckless burning or exploding

569.065 – Negligent burning or exploding

569.067 – Fire, negligence in setting or allowing fire to escape on cropland, grassland, marsh, prairie, woodland

569.072 – Criminal water contamination (transferred to 577.078)

569.160 – Burglary in the 1st degree

570.025 – Robbery in the 2nd degree

570.090 – Forgery

570.180 – Defrauding secured creditors

570.223 – Identity theft – penalty – restitution – other civil remedies – exempted activities

570.224 – Trafficking in stolen identities

570.310 – Mortgage fraud

571.020 – Possession – manufacture – transport – repair – of certain weapons

571.060 – Unlawful transfer of weapons

571.063 – Fraudulent purchase of a firearm, penalty, exceptions

571.070 – Possession of firearms unlawful for certain persons

571.072 – Unlawful possession of explosive weapon, penalty

571.150 – Use or possession of a metal-penetrating bullet during the commission of a crime

574.070 – Promoting civil disorder in the 1st degree

574.105 – Crime of money laundering, penalty

574.115 – Making a terroristic threat

574.120 – Making a terrorist threat in the 2nd degree.

574.130 – Agroterrorism – penalty – defenses

575.040 – Perjury

575.095 – Tampering with a judicial officer, penalty

575.153 – Crime of disarming a peace officer or correctional officer, penalty

575.155 – Endangering a corrections employee, visitor, or other offender or prisoner

575.157 – Endangering a mental health employee, visitor or another offender, penalty

575.159 – Aiding a sexual offender – penalty –applicability of section

575.195 – Detention and evaluation of persons alleged to be sexually violent predators – duties of attorney general and department of mental health (this does not appear to be a criminal statute)

575.200 – Escape from custody

575.210 – Escape or attempted escape from confinement – penalty

575.220 – Failure to return to confinement

575.230 – Aiding escape of a prisoner

575.240 – Permitting escape

575.350 – Repealed (looks like it may have been an offense against police animals)

575.353 – Assault on a police animal

577.078 – Crime of water contamination (also referenced in 569.072)

577.703 – Bus hijacking – penalties

577.706 – Planting a bomb or explosive device in or near a bus terminal – threat to commit offense – discharging firearms or hurling missiles – penalties

578.008 – Formerly agroterrorism, now contained in 577.703

578.305 – Bus hijacking, penalties (transferred from to 577.703)

578.310 – Bombs and explosives placed in or near buses or terminals (transferred to 577.706)

632.520 – Offender committing violence against an employee of the department of mental health or employee of a sub-contractor of the department of mental health

Conclusion

Evey case is unique. Please do not hesitate to contact our office for a free consultation to discuss the specific facts of your case. You can reach our office at 573.443.6244