Missouri lets people file their own expungement petitions, and the forms are available online. But a petition that is dismissed for not meeting the legal criteria cannot be refiled for a year. A mistake on the first try costs at least twelve months.
Here is why petitions fail, what the court actually focuses on, and what happens after an expungement is granted.
The rule
What happens if my expungement petition is denied in Missouri?
You generally have to wait a year to try again.
Under RSMo 610.140, if the court finds that the petitioner has not met the criteria for the crimes in the petition, it dismisses the petition, and the person may not refile until a year has passed since the earlier petition was filed. A petition that knowingly includes false information is also dismissed.
What goes wrong
Why are Missouri expungement petitions denied?
Usually for one of a handful of reasons, often in combination.
- The offense is not eligible. The statute lists many offenses that cannot be expunged at all. See expungement and gun rights for some of the most common ones.
- The waiting period has not run. At least three years for a felony and one year for a misdemeanor, municipal violation, or infraction, counted from completion of the sentence.
- A later offense. A finding of guilt on another misdemeanor or felony during the waiting period, other than minor traffic violations, can make a person ineligible.
- The lifetime limit. Missouri allows no more than two felony and three misdemeanor or ordinance expungements in a person’s lifetime.
- Unfinished obligations or pending charges. Fines and restitution must be paid, and there can be no pending charges.
- An incomplete petition. Missing case numbers, missing agencies, or an offense left out can sink a petition that would otherwise qualify.
The paperwork
What records do I need for an expungement in Missouri?
Every case, agency, and disposition that is part of the petition. How hard that is depends on the age of the case.
Newer cases are mostly on Missouri Case.net. Older cases often are not, and the paperwork may have to be requested directly from the circuit clerk. The petition also has to name the agencies that hold the records, so that each one receives the order. Gathering these correctly is most of the work, and most of what goes wrong in self-filed petitions.
The hearing
What does the judge look at in an expungement hearing?
The benefit to the public, not just the benefit to you.
Objections from prosecutors and agencies are not common, but the judge still has to make findings. The statute asks whether the person’s habits and conduct show they are not a threat to public safety, and whether the expungement is consistent with the public welfare and the interests of justice. When those are properly pleaded, there is a rebuttable presumption in the petitioner’s favor.
A strong petition explains how clearing the record serves more than the petitioner: steady work, a professional license, supporting a family, contributing to the community. A petition that only explains what the person wants for themselves gives the court less to work with.
After the order
Does an expungement clear my record everywhere?
It is supposed to. It does not always happen.
The order is sent to the agencies named in the petition, which are required to close their records. In practice, some do not, and people often learn that only when something goes wrong, such as a failed background check. Keep certified copies of the order, and check your Missouri State Highway Patrol criminal history after the order is entered.
An SIS is different. A completed SIS closes the court case, but it does not reach police and arrest records the way an expungement does.
Answers
Expungement denial questions we hear
Can I refile an expungement petition after it is denied?
If the petition was dismissed for not meeting the criteria, you generally must wait one year from the date the earlier petition was filed, under RSMo 610.140.
How many expungements can I get in Missouri?
In a lifetime, no more than two felony offenses and three misdemeanor or ordinance offenses that carry a possible term of imprisonment.
Do I have to go to court for an expungement?
Often there is a hearing, although it may be brief. If no one objects, the court can sometimes decide without one.
Is an SIS the same as an expungement?
No. A completed SIS closes the court case, but it does not close police and arrest records the way an expungement does.
How much does an expungement lawyer cost?
We handle expungements on a flat fee, quoted after we review the record. Court filing costs and records fees are separate.
See expungement in Missouri and how expungement affects professional licenses, or call 573-638-8529.
Talk to us
Get it right the first time.
A denied petition costs a year. We review the whole record before anything is filed.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri expungement, not legal advice, and it does not create an attorney-client relationship. Eligibility depends on the specific record.
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