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Am I eligible for expungement of my criminal record?

On Behalf of | Jan 6, 2025 | Criminal Defense

A criminal conviction can haunt you for the rest of your life, depriving you of professional and educational opportunities. It can also cause problems in your personal life if people find out you have a criminal record.

Facing these potential consequences may seem unfair when perhaps you just made one simple mistake. Depending on your situation, you might be eligible to have your criminal record expunged under Missouri’s expungement law.

What is expungement?

Expungement is the sealing of a criminal record. This means the criminal record is not accessible to the public and will not show up on background checks by certain employers.

Additionally, you are allowed to answer “no” to the question “do you have a criminal record?” if your record was expunged.

Expunged records are only sealed from public view. Some employers, such as government employers, may still have access to your expunged records.

Only certain crimes are eligible for expungement

Generally, various felonies and any crime that requires you to register as a sex offender cannot be expunged. Before starting an expungement petition, you should verify if your crimes are eligible for expungement.

Before you file an expungement petition, you must have paid off any fines and completed any probation or parole requirements. You must also have a clean record for a year if you are expunging a misdemeanor or three years if you are expunging a felony.

Filing an expungement petition

Once you complete the requirements and the waiting period expires, you can file an expungement petition. You must serve a copy of the petition on anyone you believe has records related to the criminal offense.

These individuals may object to the expungement petition. A hearing is held and the court determines whether to accept or deny the petition.

Determining if you qualify for expungement requires an analysis of your specific situation. If you do qualify, it is important to complete all steps correctly and submit all required information.

One missed step or requirement could cause your expungement petition to be denied. However, a successful expungement can open the door to new opportunities and allow you to put the past behind you and move forward with your life.