How do I expunge my record in Missouri?
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Expungement in Missouri refers to the legal destruction of any criminal records and files. If records can’t be destroyed, they’re crossed out. According to Missouri law 610.123, all records related to a criminal file must be removed from the state’s electronic database. The Federal Bureau of Investigation will be informed, and all records in their possession will be destroyed. Only certain records, however, can be erased. One of these instances is when an adult is arrested based on false information. If all of the important implications have been met, the file may be expunged under Missouri law 610.122.
Under two conditions, juvenile cases can be expunged. When a juvenile is taken into custody but no petition is filed within thirty days of the arrest, he or she has the right to have the record erased. If a petition for a juvenile is not filed within a year of the date of arrest, he or she may apply for the expungement of all materials related to the offense.
What crimes can be expunged in Missouri?
In Missouri, record expungement is only available in limited circumstances. Anyone who has been arrested but has not had charges filed against them is eligible to petition. This also applies to people who have been arrested but have no prior felony or misdemeanor convictions and no new felony or misdemeanor convictions. If there is no probable cause for an arrest and the individual believes he or she did not commit the offense, he or she may petition for expungement. When an individual receives a non-suspended sentence for any offense related to the arrest, he or she is eligible for record clearance. Expungement may also be obtained if there is no pending civil action against an arrest or a record.
Expunging Records
The expungement process is very detailed and must be followed completely and accurately or else the expungement application will be denied. A petition must be filed in the court where the arrest occurred, and it must include all relevant information. Date of birth, full legal name, sex, driver’s license number, race, social security number, current address, the offense charges, the date of the arrest, the county name where the individual was arrested or the municipality name, the arresting agency’s name, the court number, the case number, and the individual’s fingerprints are all part of this information.
The court, the arresting agency, the prosecuting attorney, and the central state depositories must all receive copies of the petition. A court hearing will be scheduled within thirty days of the petition’s filing, and the date will be communicated to all parties involved in the case. The court date will determine whether or not the record should be expunged. When a record is accepted for expungement, all agencies are required to destroy any files and information related to the arrest and conviction.
