How to expunge a felony in Missouri?

How to Expunge a Felony in Missouri

Expungement is the process of clearing a criminal record, including a felony, in order to provide individuals with a second chance at their lives. In Missouri, the process of expunging a felony is similar to expunging a misdemeanor, but there are some key differences. Here, we will provide you with a step-by-step guide on how to expunge a felony in Missouri.

Eligibility for Felony Expungement in Missouri

In Missouri, a felony conviction can be expunged under certain circumstances. You are eligible for expungement if:

• You have completed your sentence: You must have served your entire sentence, including any probation or parole periods.
• You are eligible for expungement by law: Certain felonies, such as violent or sexual offenses, are not eligible for expungement.
• You do not have any pending criminal charges: You cannot apply for expungement while you have pending criminal charges.

The Expungement Process in Missouri

The expungement process in Missouri involves several steps:

Step 1: Determine Eligibility
Before applying for expungement, you must ensure that you are eligible by reviewing the Missouri statutes (§ 610.138) and the eligibility requirements listed above.

Step 2: Gather Necessary Documents
You will need to gather the following documents:

• Petition for Expungement: You can obtain a petition for expungement form from the Missouri Courts’ website or from the Circuit Clerk’s office in your county.
• Copy of Your Conviction Record: You will need a copy of your felony conviction record, which can be obtained from the Missouri Department of Corrections or the Court Clerk’s office.
• Proof of Sentence Completion: You will need to provide proof that you have completed your sentence, including any probation or parole periods.
• Notices of Intent to Defend: If you have received notices of intent to defend, you will need to provide proof that the notices have been dismissed or withdrawn.

Step 3: File the Petition with the Court
You must file the petition for expungement with the Court in the county where your felony conviction was filed. You will need to submit the petition, along with the required documents and fee.

Step 4: Serve the Petition
You must serve the petition on the Missouri State Highway Patrol, the State of Missouri, and the prosecuting attorney’s office. You can use a private process server or have a law enforcement officer serve the petition.

Step 5: Wait for Court Approval
The Court will review your petition and order a hearing if necessary. If the Court approves your petition, it will order the expungement.

Step 6: Obtain a Certificate of Expungement
Once the Court has ordered the expungement, you must obtain a Certificate of Expungement from the Circuit Clerk’s office. The Certificate will be filed with the Missouri Department of Revenue and the Federal Bureau of Investigation (FBI).

What to Expect After Expungement

After you have obtained a Certificate of Expungement, you can expect the following:

• Sealing of Your Record: Your criminal record will be sealed, and it will not be accessible to the public.
• No Adverse Reporting: Law enforcement agencies will not report your felony conviction to the FBI or the Missouri Department of Revenue.
• No Disclosure: Employers, educational institutions, and licensing authorities will not be able to access your criminal record.

Costs and Fees Associated with Expungement

There are several costs and fees associated with expunging a felony in Missouri, including:

• Court Filing Fee: You will need to pay a court filing fee, which varies by county.
• Service Fees: You will need to pay a fee for serving the petition on the Missouri State Highway Patrol, the State of Missouri, and the prosecuting attorney’s office.
• Circuit Clerk’s Fee: You will need to pay a fee to the Circuit Clerk’s office for filing the Certificate of Expungement.

Conclusion

Expunging a felony in Missouri is a complex process that requires careful attention to detail. By following the steps outlined in this article, you can increase your chances of a successful expungement. Remember to review the eligibility requirements and gather all necessary documents before applying for expungement. If you have any questions or need further guidance, consider consulting with an attorney or expungement specialist.

Table: Missouri Expungement Statutes

Important Contacts

• Missouri Courts’ website: www.courts.mo.gov
• Missouri Department of Corrections: www.doc.mo.gov
• Federal Bureau of Investigation (FBI): www.fbi.gov