Expungement

Expungement is a court-ordered removal of all official records of an individual's arrest, plea, trial and conviction. A law was recently passed allowing people with certain felony and misdemeanor offenses to petition the court to have their criminal record destroyed.

An expungement of your criminal record restores the legal status you occupied before the arrest, plea, trial or conviction, as if that event never happened. Contact the law office of Harper, Evans, Wade & Netemeyer for a free consultation to see if you qualify.

The Process Of Expunging A DWI Conviction

There is a Missouri statute that deals directly with expunging DWI convictions. In order for an individual to qualify for DWI expungement, the following criteria must be met:

  • The DWI must be your first and only alcohol-related driving offense and must have been a misdemeanor rather than a felony DWI.
  • The DWI charge must be at least 10 years old.
  • Once you were convicted or plead to the DWI, you must not have had any subsequent alcohol-related driving offenses.
  • You must not have any subsequent alcohol-related driving charges, alcohol-related enforcement actions or alcohol-related enforcement contacts pending at the time of the expungement hearing.

The attorneys at Harper, Evans, Wade & Netemeyer know the complexities of DWI expungement law and will handle your case with the expertise that it deserves.

The Process Of Expunging An MIP Charge

Much like DWI expungement, expunging an MIP from your record restores your legal status to the status you had before the arrest, plea, trial or conviction. The result is as if your MIP never happened. MIP charges can negatively impact your:

  • Job opportunities
  • Education
  • Future

In order to be eligible for MIP expungement, you must meet the following criteria:

  • It must be the first time you have plead or been found guilty of an MIP.
  • The petition must be filed after a period of not less than one year after reaching the age of 21.
  • You must have no other alcohol-related convictions or alcohol-related enforcement contacts.

If you find yourself in this situation, the experienced attorneys at Harper, Evans, Wade & Netemeyer can fight to protect your criminal record and minimize the long-term consequences of an MIP charge.

How To Get Your Criminal Record Wiped Clean Under Missouri Law

New Missouri law has been signed and is effective late August 2012. The law allows for the expungement of certain felony and misdemeanor offenses that were previously permanent. Expunging a felony or a misdemeanor charge from your criminal record is very important, and can directly affect your ability to:

  • Carry a firearm
  • Obtain employment
  • Pursue educational opportunities
  • Obtain housing
  • Vote

Offenses Eligible For A Criminal Record Expungement

  • Passing bad checks, felony or misdemeanor
  • Fraudulently stopping payment, felony or misdemeanor
  • Fraudulent use of a credit device, felony or misdemeanor
  • Negligent burning or exploding, misdemeanor
  • Negligently setting fire, misdemeanor
  • Second-degree tampering, misdemeanor
  • Second-degree property damage by knowingly damaging the property of another, misdemeanor
  • Trespass in the first degree, misdemeanor
  • Trespassing on property that is marked for no trespassing, misdemeanor
  • Gambling, misdemeanor
  • Private peace disturbance, misdemeanor
  • Peace disturbance, class B or C misdemeanor
  • Drunkenness or drinking in prohibited places, misdemeanor

Requirements For Expungement

Not every offense qualifies for an expungement. The particular requirements to have your record expunged depend on certain factors. The requirements for different offenses are:

  • Enough time has passed:
    • Felony offenses: At least 20 years has gone by since you've completed your prison sentence or period of probation/parole.
    • Misdemeanors or infractions: At least 10 years has gone by since you've completed your sentence or period of probation/parole.
  • You have not been found guilty of a misdemeanor or felony (not including traffic regulations) in the 10- or 20-year time period.
  • You have paid any and all restitution from your offense.
  • Your circumstances and behavior warrant the expungement.
  • The expungement is consistent with public welfare.

What Happens After Your Record Is Expunged?

  • All records relating to the offense will be destroyed except for the court's file.
    • All expunged records in the courthouse will be confidential and only available to parties with a court order.
  • The Central Repository will request the FBI to expunge your record from its files.
  • Any of the restrictions that were placed on you as a consequence of your punishment shall be restored upon the issuance of your expungement.
  • You will be restored to the status you occupied prior to your arrest, plea, trial or conviction as if the incident never took place.
  • You cannot be found guilty for perjury or giving a false statement for failing to acknowledge such arrest, plea, trial or conviction.

When You Will Be Required To Disclose The Expunged Offense

  • If you receive another offense, you will be required to inform the court of the expungement. The expunged offense will still be considered a prior offense in determining a new sentence of punishment.
  • If you apply for a license, certificate or permit issued by Missouri to practice in your profession
  • If you are applying for a gaming license
  • If you are a paid or nonpaid employee under R.S.Mo. §313, any state lottery or emergency services provider (including law enforcement agencies)

Our attorneys will fight to get your criminal record cleared and prevent it from causing you future damage.

Schedule A Consultation To Determine If Your Record Can Be Expunged

At Harper, Evans, Wade & Netemeyer, your rights will be protected. You can count on our more than 100 years of combined experience to help you get the results you need. Contact our Columbia expungement attorneys at 573-355-5172 or 866-936-2599 to schedule a consultation.