Missouri recently passed a new expungement law which allows for a shorter time period between the completion of a sentence and eligibility for expungement. For a free consultation with a Missouri expungement attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
What is a Missouri expungement of criminal records?
If you have been convicted of a felony or misdemeanor and would like for the record to be sealed, you may be eligible for an expungement in Missouri. The legislature has recently passed an initiative that reduces the amount of time required between a conviction and eligibility to have the record sealed. Previously, this amount of time was seven (7) years for a felony and three (3) years for a misdemeanor, while the new law reduces the time to three (3) years for a felony and just one (1) year for a misdemeanor. The “clock” for eligibility begins on the date which the sentence is completed, and all requirements have been satisfied for probation.
Certain offenses such as Class A felonies, felony assault charges, and domestic violence remain ineligible for expungement, but the legislature has increased the overall number of eligible offenses. While it may sound straight forward, there are several intricacies in the law which may be confusing for those without legal training, and it is highly recommended to be represented by counsel in seeking an expungement as failing to follow the formalities may delay the process or prevent refiling for one year.
What are the benefits of having a criminal record expunged?
The record is made non-public and only accessible by certain entities
When properly filed, an expungement will result in your record becoming non-public, meaning people won’t be able to find the record when they search a government public information database online. However, certain agencies such as the police may be able to see certain records even if they have been expunged. Professional licensing boards such as the Missouri Board of Law Examiners are able to see certain expunged records as well. Because of this, it is important to discuss your goals of expungement with your attorney in order to make the most informed decision.
Truthfully answer “no” on (most) job applications asking about prior convictions
Generally, this is the most common reason someone would want to seek an expungement. If you were convicted, but your record was expunged, you can answer “no” on a job application asking whether you had been convicted, provided there are not other offenses which haven’t been expunged. Certain industries such as the gaming and casino industry will require you to include expunged offenses due to their regulatory nature.
Restore your civil rights, including voting and 2nd amendment rights
Becoming a felon typically results in the loss of certain rights such as the right to vote, and the right to bear arms. If you have expunged your felony conviction, depending on the circumstances, you may be eligible to restore certain civil rights forfeited by reason of the conviction.
Better access to rental housing and credit
Along with better job opportunities, having a felony conviction expunged can also lead to more favorable credit terms and the ability to rent more desirable housing. Many apartment complexes refuse to rent to tenants with felonies, particularly if they are drug-related, due to potential increases in insurance costs among other things.
Qualify for college and student loans
In some situations, someone may desire to go to college but be ineligible for financial aid. A drug conviction can result in student aid being suspended, and if it occurs while the individual is receiving aid, they may be required to pay it back immediately.
Eligibility for Expungement
RSMo §610.140 sets forth the eligibility requirements to be considered for an expungement of criminal records. Not only is the language of the statute lengthy, but it requires a close reading of the text and the circumstances of the person seeking expungement. Even if someone appears to be otherwise eligible, the prosecution may object to the expungement which will require a formal hearing for a judge to decide on the manner.
It is well worth it to hire an experienced expungement attorney to determine if you are eligible for an expungement and file the petition on your behalf. If the expungement does not name all required parties, the petition may be defective and not actually expunge the records you were seeking to have expunged. There are many hoops to jump through, including determining if the offense is eligible, then determining whether all of the conditions have been met since the sentence for the offense was served.
Missouri Expungement Process
Filing a petition to expunge criminal convictions is a detailed process which requires notice to all parties which hold the records sought to be sealed. An improperly filed petition could lead to undue delay or even denial of an expungement order, and determining eligibility can be complicated if someone has multiple charges on their record. After making contact with my office, I will send you a packet to fill out to the best of your ability prior to our initial consultation. At our initial consultation, we will discuss your goals for expungement and determine whether it is feasible to file a petition. If you are statutorily ineligible for an expungement, but may be at a later date, we will discuss a plan for the future. I will also give you my honest opinion on how an expungement may or may not align with your goals and reason for seeking expungement.
If we do determine to pursue the expungement, I will have you sign my engagement letter and collect a small retainer to begin work on your case. Depending on the circumstances, the petition may be granted without objection, or may require a hearing if the prosecution objects. My fee includes a complimentary follow-up after an expungement order is granted so I can explain the effect of the expungement and address other concerns you may have.
The Takeaway
Despite a grim outlook, it is not impossible to beat a criminal charge. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. If you are wanting to have your criminal record expunged, I would be glad to help. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
