Expunging Other Convictions
Historically Missouri did not allow the expungement of convictions. The door was opened just a bit for a few years, but now the legislature has changed the path. We still call the law expungment, but what we really do is seal the record. We do ask the FBI, however, to remove the matter from its records.
In addition, you have to disclose this expunged record for some purposes:
(1) A license, certificate, or permit issued by this state to practice such individual’s profession;
(2) Any license issued under chapter 313 or permit issued under chapter 571;
(3) Paid or unpaid employment with an entity licensed under chapter 313, any state-operated lottery, or any emergency services provider, including any law enforcement agency;
(4) Employment with any federally insured bank or savings institution or credit union or an affiliate of such institution or credit union for the purposes of compliance with 12 U.S.C. Section 1829 and 12 U.S.C. Section 1785;
(5) Employment with any entity engaged in the business of insurance or any insurer for the purpose of complying with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or other similar law which requires an employer engaged in the business of insurance to exclude applicants with certain criminal convictions from employment; or
(6) Employment with any employer that is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations.
For misdemeanors where there was an SIS or conviction you must wait one year FROM THE COMPLETION OF THE SENTENCE OR PROBATION. Felonies require a three year wait FROM THE COMPLETION OF THE SENTENCE OR PROBATION OR PAROLE. During that time you can't pick up new convictions, and you can't have charges pending.
Essentially you can expunge anything except (descriptions of listed crimes not in actual statute):
(1) Any class A felony offense;
(2) Any dangerous felony as that term is defined in section 556.061;
(3) Any offense that requires registration as a sex offender;
(4) Any felony offense where death is an element of the offense;
(5) Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
(6) Any offense listed, or previously listed, in chapter 566 (sex offenses) or sections:
105.454, Restrictions on Elected and Appointed Officials
105.478, Lobbying Violations
115.631, Class 1 Election Offenses
130.028, Certain Campaign Finance Law Violations
188.030, Abortion of a Viable Fetus
188.080, Criminal Abortions
191.677, Crimes by HIV Infected Individuals
194.425, Abandonment of a Corpse
217.360*, Delivery of Restricted Items to Jails
217.385, Violence by Inmate
334.245, Abortion by Anyone but a Physician
375.991, Fraudulent Insurance Acts
389.653, Railroad Trespass
455.085, Protective Order Violation
455.538, Child Order of Protection Violation
557.035, Hate Offenses
565.084**, Tampering with a Judicial Officer
565.085**, Endangering a Corrections Employee
565.086**, Endangering a Mental Health Employee
565.095**, Cross Burning
565.120, Kidnapping 2nd
565.130, Kidnapping 3rd
565.156, Child Abduction
565.200**, Sexual Contact with Nursing Facility Resident/Other Vulnerable Person 2nd
565.214*, Vulnerable Person Abuse 3rd Degree
566.093, Sexual Misconduct 1st
566.111, Sex with an Animal
566.115, Sexual Contact with Nursing Facility Resident/Other Vulnerable Person 1st
568.020, Incest
568.030, Abandonment of a Child 1st
568.032, Abandonment of a Child 2nd
568.045, Endangering the Welfare of a Child 1st
568.060, Abuse or Neglect of a Child
568.065, Genital Mutilation
568.080**, Use of Child in Sexual Performance
568.090**, Promoting Sexual Performance by a Child
568.175, Trafficking in Children
569.030**, Robbery 2nd
569.035*, Pharmacy Robbery
569.040, Arson 1st
569.050, Arson 2nd
569.055, Knowingly Burning or Exploding
569.060, Reckless Burning or Exploding
569.065, Negligent Burning or Exploding
569.067*, Negligence in setting fire or allowing escape to cropland, grassland, marsh, prairie, woodland.
569.072**, Water Contamination
569.100, Property Damage 1st
569.160, Burglary 1st
570.025, Robbery Second
570.090, Forgery
570.100, Possession of Forging Instrument
570.130, Fraudulent Use of Credit Device
570.180, Defrauding a Secured Creditor
570.223, Identity Theft
570.224, Trafficking in Stolen Identities
570.310, Mortgage Fraud
571.020, Possession of Certain Weapons
571.030 Unlawful Use of a Weapon (some exceptions)
571.060, Unlawful Transfer of Weapons
571.063, Fraudulent Purchase of Weapon
571.070, Felon in Possession
571.072, Unlawful Possession of Explosives
571.150, Use of Armor Piercing Ammunition in Crime
574.070, Promoting Civil Disorder
574.105, Money Laundering
574.115, Terrorist Threat 1st
574.120, Terrorist Threat 2nd
574.130, Agroterrroism
575.040, Perjury
575.095, Tampering with a Judicial Officer
575.153, Disarming an Officer
575.155, Endangering a Corrections Employee
575.157, Endangering a Mental Health Employee
575.159, Aiding a Sexual Offender
575.195, Escape from Cimmitment
575.200, Escape from Custody
575.210, Escape from Confinement
575.220, Failure to Return to Confinement
575.230, Aiding Escape
575.240, Permitting Escape
575.350*, Killing or Disabling a Police Animal
575.353, Assault on a Police Animal
577.078, Water Contamination
577.703, Bus Hijacking
577.706, Shooting at or on or Planting a Bomb on a Bus or at a Terminal
578.008**, Agroterrorism
578.305**, Bus Hijacking
578.310**, Shooting at or on or Planting a Bomb on a Bus or at a Terminal
or 632.520; Violence Against Mental Health Employee
(7) DWI (including boats and planes)
(8) Any violations of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an individual who has been issued a commercial driver’s license or is required to possess a commercial driver’s license issued by this state or any other state.
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In addition, you have to disclose this expunged record for some purposes:
(1) A license, certificate, or permit issued by this state to practice such individual’s profession;
(2) Any license issued under chapter 313 or permit issued under chapter 571;
(3) Paid or unpaid employment with an entity licensed under chapter 313, any state-operated lottery, or any emergency services provider, including any law enforcement agency;
(4) Employment with any federally insured bank or savings institution or credit union or an affiliate of such institution or credit union for the purposes of compliance with 12 U.S.C. Section 1829 and 12 U.S.C. Section 1785;
(5) Employment with any entity engaged in the business of insurance or any insurer for the purpose of complying with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or other similar law which requires an employer engaged in the business of insurance to exclude applicants with certain criminal convictions from employment; or
(6) Employment with any employer that is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations.
For misdemeanors where there was an SIS or conviction you must wait one year FROM THE COMPLETION OF THE SENTENCE OR PROBATION. Felonies require a three year wait FROM THE COMPLETION OF THE SENTENCE OR PROBATION OR PAROLE. During that time you can't pick up new convictions, and you can't have charges pending.
Essentially you can expunge anything except (descriptions of listed crimes not in actual statute):
(1) Any class A felony offense;
(2) Any dangerous felony as that term is defined in section 556.061;
(3) Any offense that requires registration as a sex offender;
(4) Any felony offense where death is an element of the offense;
(5) Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
(6) Any offense listed, or previously listed, in chapter 566 (sex offenses) or sections:
105.454, Restrictions on Elected and Appointed Officials
105.478, Lobbying Violations
115.631, Class 1 Election Offenses
130.028, Certain Campaign Finance Law Violations
188.030, Abortion of a Viable Fetus
188.080, Criminal Abortions
191.677, Crimes by HIV Infected Individuals
194.425, Abandonment of a Corpse
217.360*, Delivery of Restricted Items to Jails
217.385, Violence by Inmate
334.245, Abortion by Anyone but a Physician
375.991, Fraudulent Insurance Acts
389.653, Railroad Trespass
455.085, Protective Order Violation
455.538, Child Order of Protection Violation
557.035, Hate Offenses
565.084**, Tampering with a Judicial Officer
565.085**, Endangering a Corrections Employee
565.086**, Endangering a Mental Health Employee
565.095**, Cross Burning
565.120, Kidnapping 2nd
565.130, Kidnapping 3rd
565.156, Child Abduction
565.200**, Sexual Contact with Nursing Facility Resident/Other Vulnerable Person 2nd
565.214*, Vulnerable Person Abuse 3rd Degree
566.093, Sexual Misconduct 1st
566.111, Sex with an Animal
566.115, Sexual Contact with Nursing Facility Resident/Other Vulnerable Person 1st
568.020, Incest
568.030, Abandonment of a Child 1st
568.032, Abandonment of a Child 2nd
568.045, Endangering the Welfare of a Child 1st
568.060, Abuse or Neglect of a Child
568.065, Genital Mutilation
568.080**, Use of Child in Sexual Performance
568.090**, Promoting Sexual Performance by a Child
568.175, Trafficking in Children
569.030**, Robbery 2nd
569.035*, Pharmacy Robbery
569.040, Arson 1st
569.050, Arson 2nd
569.055, Knowingly Burning or Exploding
569.060, Reckless Burning or Exploding
569.065, Negligent Burning or Exploding
569.067*, Negligence in setting fire or allowing escape to cropland, grassland, marsh, prairie, woodland.
569.072**, Water Contamination
569.100, Property Damage 1st
569.160, Burglary 1st
570.025, Robbery Second
570.090, Forgery
570.100, Possession of Forging Instrument
570.130, Fraudulent Use of Credit Device
570.180, Defrauding a Secured Creditor
570.223, Identity Theft
570.224, Trafficking in Stolen Identities
570.310, Mortgage Fraud
571.020, Possession of Certain Weapons
571.030 Unlawful Use of a Weapon (some exceptions)
571.060, Unlawful Transfer of Weapons
571.063, Fraudulent Purchase of Weapon
571.070, Felon in Possession
571.072, Unlawful Possession of Explosives
571.150, Use of Armor Piercing Ammunition in Crime
574.070, Promoting Civil Disorder
574.105, Money Laundering
574.115, Terrorist Threat 1st
574.120, Terrorist Threat 2nd
574.130, Agroterrroism
575.040, Perjury
575.095, Tampering with a Judicial Officer
575.153, Disarming an Officer
575.155, Endangering a Corrections Employee
575.157, Endangering a Mental Health Employee
575.159, Aiding a Sexual Offender
575.195, Escape from Cimmitment
575.200, Escape from Custody
575.210, Escape from Confinement
575.220, Failure to Return to Confinement
575.230, Aiding Escape
575.240, Permitting Escape
575.350*, Killing or Disabling a Police Animal
575.353, Assault on a Police Animal
577.078, Water Contamination
577.703, Bus Hijacking
577.706, Shooting at or on or Planting a Bomb on a Bus or at a Terminal
578.008**, Agroterrorism
578.305**, Bus Hijacking
578.310**, Shooting at or on or Planting a Bomb on a Bus or at a Terminal
or 632.520; Violence Against Mental Health Employee
(7) DWI (including boats and planes)
(8) Any violations of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an individual who has been issued a commercial driver’s license or is required to possess a commercial driver’s license issued by this state or any other state.
GIVE US A CALL -- LET US HELP!