Frequently Asked Questions about Missouri Expungement

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Missouri Expungement: What It Can — and Can’t — Do

Frequently Asked Questions (FAQ)

What is an expungement?

An expungement is a court order that removes certain criminal records from public view.

In Missouri, when a record is expunged, it is legally treated as if the arrest or case never occurred, with limited exceptions.

What types of records can be expunged in Missouri?

Depending on your history and eligibility, Missouri law allows expungement of:

Certain arrests

Charges that were dismissed or nolle prossed

Misdemeanor convictions

Some non-violent felony convictions

Certain marijuana-related offenses (especially after legalization)

Eligibility depends on:

The type of offense

How much time has passed

Your overall criminal history

Whether you have completed all sentencing requirements

What does an expungement DO?

An expungement can:

✅ Remove the record from public court databases

✅ Prevent most employers, landlords, and schools from seeing the record

✅ Allow you to legally answer “NO” when asked if you’ve been arrested or convicted

✅ Improve access to jobs, housing, education, and professional licenses

✅ Restore dignity and reduce stigma from past mistakes

What records are removed after expungement?

After expungement, records are removed or sealed from:

Public court websites

Most background check databases

Law enforcement public disclosures

Private screening companies (after updates)

⚠️ Important: Private background check companies must be notified or refreshed — this can take time.

Who can still see an expunged record?

Even after expungement, limited access may remain for:

Law enforcement agencies

Certain government employers

Criminal justice agencies

Courts (if you are later charged with a new offense)

These records are not public and not available to most employers.

Can an expunged record be used against me in court?

Generally:

❌ It cannot be used as evidence of guilt

❌ It cannot be used to deny employment or housing

⚠️ It may be reviewed by courts or prosecutors if you are later charged with a new crime

Can I say “no” if asked about an expunged case?

Yes.

Missouri law allows you to lawfully deny the existence of an expunged arrest or conviction in most situations.

This includes applications for:

Employment

Housing

Education

Loans

What can NOT be expunged in Missouri?

Missouri law excludes certain offenses, including (but not limited to):

Most violent felonies

Sex offenses involving minors

Class A felonies

Certain dangerous felonies

Some assault and domestic violence offenses

Repeat offenses beyond statutory limits

Each case must be reviewed individually.

Does expungement restore gun rights or voting rights?

No — not automatically. Additional registrations may be required.

❌ Expungement does not restore firearm rights

❌ It does not undo immigration consequences

❌ It does not erase sex offender registry requirements (separate legal process)

Other legal remedies may be required.

Does expungement remove records from the police department?

Yes — once ordered, the court directs:

The arresting police department

The Missouri Highway Patrol

Prosecutors

Courts

to remove or seal records in their possession.

How long does the expungement process take?

Typical timeline:

Filing to court review: 30–60 days

Objection period: 30 days

Court ruling: varies by county

Database updates: 30–90 additional days

Total time can range from 2 to 6 months, sometimes longer.

Is expungement automatic in Missouri?

No.

Missouri requires:

A formal petition

Proper service on agencies

Legal eligibility review

A judge’s order

Some marijuana cases qualify for automatic relief, but many people must still file.

Can I file for expungement without an attorney?

Yes.

Missouri law allows individuals to file on their own.

However, mistakes can delay or derail a case.

That’s why community-based assistance and clinics matter.

How do I know if I qualify?

Eligibility depends on:

Your charges

Disposition

Dates

Prior and subsequent offenses

A record review is the first step.

How can 3 Daughters & 1000 Sons help?

We provide:

Eligibility screenings

Petition preparation support

Expungement clinics

Community education

Court-ready documentation assistance

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