Missouri Expungement: What the Law Covers and What It Doesn't
Missouri expanded expungement in 2018 under § 610.140 RSMo. Most non-violent offenses qualify after 3–7 years. Lifetime limit of 1 felony or 2 misdemeanors. Full guide.
If you have a criminal record in Missouri from before 2018, you may not realize how much the law has changed. The 2018 reform of § 610.140 RSMo was a significant expansion of who can get a record expunged in Missouri. Many non-violent offenses that previously had no path to expungement are now eligible. This guide explains what changed, who qualifies under the current law, what the process looks like, and — critically — what the lifetime limit means for you.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What the 2018 reform changed
Before 2018, Missouri's expungement law was narrow. Only a limited list of offenses could be expunged, the waiting periods were longer, and many people with otherwise clean records had no option.
The 2018 reform expanded eligibility significantly. Here is what changed:
- Many more offenses became eligible — most non-violent misdemeanors and a broad range of non-violent felonies are now covered
- Waiting periods were set at 3 years for misdemeanors and 7 years for felonies from sentence completion
- The process was standardized — a statewide petition form and process through circuit courts
- The effect of expungement was clarified — a person may answer "no" on most applications after expungement and may state they were not arrested or convicted
The reform did not, however, remove the lifetime limit on how many expungements you can receive. That limit matters and is covered below.
The lifetime limit — this is critical
Missouri limits how many expungements a person can receive over their lifetime. Under § 610.140, you may receive a maximum of:
- One felony expungement in your lifetime, and
- Two misdemeanor expungements in your lifetime
These limits are total — across all Missouri courts, across your entire life. If you have multiple convictions, you need to choose which ones to include in your petition carefully. Once you use your one felony expungement, you cannot use it again.
This means if you have both a felony and misdemeanor convictions, you need to decide which to prioritize. If you have multiple misdemeanor convictions, you can expunge up to two — choose the ones that are causing you the most harm now. You cannot come back later and expunge more.
- You get a maximum of 1 felony expungement and 2 misdemeanor expungements in your lifetime — total
- Once you file and the petition is granted, those expungements are used
- List all eligible convictions you want cleared in your initial petition — include everything that qualifies
- If you have a felony and misdemeanors, think about which matter most to clear right now
- Consult a legal aid organization or attorney before filing if you have multiple convictions
Missouri's lifetime limit is a real constraint. Taking time to plan before you file — ideally with help from a legal aid organization — can make a significant difference in what you accomplish with this one opportunity.
Who qualifies — and who does not
May qualify
- Most misdemeanor convictions, after 3 years from sentence completion
- Most non-violent, non-sexual felony convictions, after 7 years
- Drug possession offenses (most classifications)
- Theft and property crimes below certain thresholds
- Arrests with no conviction — immediately after case closes
- Offenses involving fraud or forgery (many, not all)
Generally does not qualify
- Class A felonies (the most serious felony tier in Missouri)
- Dangerous felonies as defined by § 556.061 RSMo
- Sexual offenses requiring registration on the Sex Offender Registry
- Crimes against children — including child abuse and endangerment
- Intoxication-related traffic offenses — DWI, DUI under § 577
- Domestic assault (most classifications)
- Any conviction while on probation, parole, or supervised release
- Any new conviction during the waiting period
- Any offense where restitution remains unpaid
The excluded list reflects § 610.140.2 RSMo. Some offenses fall into gray areas — DWI is broadly excluded, but a charge pled down from DWI to a lesser offense may still qualify. If you are unsure about your specific charge, a legal aid organization or attorney can help you interpret the statute.
Waiting periods
Missouri's waiting periods run from the date your sentence was fully completed — not the date of conviction and not the date of arrest. Sentence completion means: probation ended, parole completed, fines and court costs fully paid, and any restitution paid. The clock does not start until all of that is done.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor conviction
Clock starts: Sentence completion date (end of probation, payment of fines)
All court-ordered financial obligations must be paid. No new convictions during the waiting period.
Felony conviction
Clock starts: Sentence completion date (end of probation or parole)
This includes Class A misdemeanors in some categorizations — check the exact charge.
Infraction (violation)
Clock starts: Date of conviction or date fine paid
Infractions are the lowest category and generally eligible under the same process.
Arrests with no conviction
Clock starts: Date charges dropped, dismissed, or acquitted
You can petition as soon as the case ends without a conviction.
The filing process, step by step
Missouri expungement petitions are filed with the circuit court of conviction. If you have convictions in multiple counties, you file separate petitions in each court. The $250 filing fee applies per petition.
How to file for expungement in Missouri
- 1
Get your Missouri criminal history
5–10 business days$14Order your official criminal history from the Missouri State Highway Patrol (MSHP) Criminal Records and Identification Division. This shows every Missouri arrest and conviction. You need it to confirm your eligibility and identify all cases to include in your petition.
Order at mshp.dps.mo.gov or by mail. You will need to provide your name, date of birth, and Social Security Number.
- 2
Get your court records
1–5 daysVaries — typically $1–$2 per pageContact the circuit court clerk in the county where your conviction happened and request certified copies of your judgment and sentence. You need the case number, offense charged, and proof of sentence completion. Missouri courts have online case search at casenet.courts.mo.gov.
- 3
Confirm sentence completion and financial obligations
Before filingDepends on what is owedMissouri requires that all fines, court costs, and restitution are paid before filing. Probation and parole must be complete. Call the clerk's office and ask for your current case balance. Pay any remaining amounts and save your receipts.
If you owe a balance you cannot pay, Missouri courts have payment plans available. Talk to the clerk before concluding you cannot file.
- 4
Get the expungement petition form
30 minutesFreeMissouri has official expungement petition forms available from the circuit court clerk or through the Missouri Courts website at courts.mo.gov. Use the current version. Some counties have local supplemental forms — ask the clerk.
- 5
Complete the petition
1–2 hoursFreeFill out the petition with your full name, date of birth, case number, the offense charged, date of conviction, sentence completed, and confirmation that all financial obligations are paid. The petition must state that you have had no new convictions during the waiting period.
- 6
File with the circuit court of conviction
1–2 hours$250 filing fee (set by statute)File your petition with the clerk of the circuit court in the county where you were convicted. Pay the filing fee. The clerk will process the petition and notify the prosecutor's office.
Fee waivers are available for people who cannot afford the filing fee. Ask for an Application for Waiver of Court Fees (Form CCADM62) at the clerk's window.
- 7
Prosecutor review — 30 days
30 daysFreeThe prosecuting attorney in the county of conviction is notified and has 30 days to file a written objection. If the prosecutor does not object, the judge may grant the petition without a hearing.
- 8
Attend a hearing if required
30–60 minutesFreeIf the prosecutor objects or the court schedules a hearing, attend it. You can explain why expungement is appropriate in your case. Bring documentation of your rehabilitation: employment history, letters of support, completion of any programs.
Missouri courts consider the nature of the offense, your conduct since conviction, and the impact of expungement on the public. Showing stability and rehabilitation is your strongest argument.
- 9
Order granted — agencies notified
30 days after orderFreeWhen the order is granted, the court sends copies to the Missouri State Highway Patrol, the arresting agency, and each agency listed in your petition. MSHP updates the state repository within 30 days. You receive a certified copy of the order.
After expungement in Missouri, you may state that you were not arrested or convicted of the expunged offense on most applications. Keep a certified copy of the order — private background check companies may need it sent directly.
What expungement does in Missouri
- The record is expunged from court records and the state criminal history — standard background checks will not show it
- You may state on most applications that you were not arrested or convicted of the expunged offense
- The Missouri State Highway Patrol updates the state criminal history repository within 30 days of the order
- The arresting agency and other listed agencies are notified and required to update their records
- Certain professional licenses and civil rights may be restored — check with the specific licensing board
Missouri expungement covers state records. Private background check companies may not update automatically — send a certified copy of the order and follow up if needed.
- Federal records — FBI national databases are separate from Missouri state records and are not affected
- Federal employment — many federal jobs require disclosure of expunged convictions; check agency-specific requirements
- Federal firearms rights — expungement does not automatically restore federal gun rights for felony convictions
- Immigration consequences — expungement does not eliminate immigration consequences; consult an immigration attorney
- DWI — even expunged DWI convictions may affect driver's license status in some cases; check with Missouri DOR
Free legal help in Missouri
- Legal Services of Eastern Missouri: lsem.org or 314-534-4200 — serves St. Louis metro area
- Legal Aid of Western Missouri: lawmo.org or 816-474-6750 — serves Kansas City metro
- Mid-Missouri Legal Services: midmolegal.org — serves Columbia and central Missouri
- Ozarks Legal Services: ozarkslegal.org — serves southwest Missouri
- Missouri Bar Lawyer Referral Service: mobar.org — reduced-fee initial consultations
- Missouri Courts self-help center: courts.mo.gov/page.jsp?id=1053 — forms and instructions for self-represented filers
Legal aid organizations have income eligibility requirements. Apply early — waitlists are common, and the planning time before filing can be significant for multi-conviction situations.
A note on old records and the data broker problem
Even after Missouri expunges your record, private data broker websites may continue to show your arrest or conviction for a period of time. Some of these companies scrape public court records and do not automatically update when records are expunged.
After your expungement order is signed, you have the legal right under Missouri law to state that the arrest and conviction never happened. If a private background check company still shows the record and is using it in employment or housing decisions, that may give you grounds for a dispute under federal law. Send the company a certified copy of the expungement order in writing. If they do not respond appropriately, contact the Missouri Attorney General's consumer protection division or consult a consumer law attorney.
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