Expungement of Criminal Records – General – Missouri
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1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just “disappear”?
Expunged records must be destroyed, unless not feasible- then they are to be blackout out. Entries of a record ordered expunged pursuant to section 610.123 must be removed from all electronic files maintained with the state of Missouri The state central repository must request the Federal Bureau of Investigation expunge the records from its files. RSMo § 610.124.
3. What records may be expunged?
Any record of arrest where arrest of adult was based on false information and other criteria under RSMo § 610.122 met. In the case of juvenile arrests, if a petition has not been filed within thirty days of the date that the child was taken into custody; and if a petition for the child has not been filed within one year of the date the child was taken into custody, any records relating to the child concerning the alleged offense may be expunged. RSMo § § 211.151.
4. Who is eligible for an order expunge a criminal conviction?
Any person when the arrest was based on false information and the following conditions exist:
(1) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
(5) No civil action is pending relating to the arrest or the records sought to be expunged. RSMo §§ 610.122 to 610.126.
5. How do I get records expunged?
An eligible may file a verified petition for expungement in the civil division of the circuit court in the county of the arrest. The petition shall include the following information or shall be dismissed if the information is not given:
(1) The petitioner’s:
(a) Full name;
(d) Date of birth;
(e) Driver’s license number;
(f) Social Security number; and
(g) Address at the time of the arrest;
(2) The offense charged against the petitioner;
(3) The date the petitioner was arrested;
(4) The name of the county where the petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality;
(5) The name of the agency that arrested the petitioner;
(6) The case number and court of the offense;
(7) Petitioner’s fingerprints on a standard fingerprint card at the time of filing a petition to expunge a record that will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.
The petition must name as defendants all law enforcement agencies, courts, prosecuting attorneys, central state depositories of criminal records or others who the petitioner has reason to believe may possess the records subject to expungement. The court’s order will not affect any person or entity not named as a defendant in the action.
The court will set a hearing on the matter no sooner than thirty days from the filing of the petition and will give notice of the hearing to each official or agency or other entity named in the petition.
If the court finds that the petitioner is entitled to expungement of any record that is the subject of the petition, it must enter an order directing expungement.