State Summary

The Missouri Second Chance Expungement Gap

Key Findings


Community Organization Partners:


Abstract

Summary of the Law

CONVICTIONS:(Mo. Rev. Stat. § 610.140.4 (2019) (Link to gov hosted version, 2019)

  1. Misdemeanors:
    1. Expungement if misdemeanor (defined here), upon petition, if clean after 3 year waiting-period starting from sentence completion subject to exceptions below (§ 610.140.4 at (5)(1))
    2. Expungement for 1st-time DWI offense, upon petition, if clean after 10 year waiting-period starting from sentence completion, else alcohol offenses not eligible per below (§ 610.130(1)) (DWI = “intoxication related traffic offense”)
  2. Felonies: Expungement if felony if 7 years clean after sentence completion (§ 610.140.4 at (5)(1))
  3. Not eligible: all crimes listed in § 610.140 at (2) including class A felony (high-level definition) (at 1) dangerous felonies (at 2)(defined in sec. 19 of statute), sex offenses (at 3), death offenses (at 4), crimes listed at (5), (6), (7), (11) intoxication-related traffic (8) [do not model: (9)-(11)]
  4. *Lifetime limits: Up to 1 felony and 2 misdemeanors per lifetime, as evaluated by the highest level offense. (§ 610.140.4 at (12))
  5. Treatment of multiple convictions from the same incident: Treat as a single conviction (highest one) in the same petition. (§ 610.140.4 at (10))
  6. LFO payment required for sentence completion: yes. (§ 610.140 5(3))
  7. Other Unmodeled Criteria or details: None.

NON-CONVICTIONS: (Mo. Rev. Stat. § 610.105)

  1. Closure of records, automatically, if nolle pros, dismissal, acquittal upon disposition with no waiting-period.
  2. Closure of records, automatically, if nolle pros, dismissal, acquittal upon disposition with no waiting-period.
  3. Expungement by petition, after 3 years subject to ineligibility limits applicable to convictions.
    1. Not Eligible: Designated child endangerment, child sex offenses
  4. Noted but do not model: expungement for arrests

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