Missouri's criminal expungement statute, RSMo §610.140, allows eligible adults to petition the court to clear arrests and convictions from their public criminal record. For people whose past has been quietly limiting their job options, housing applications, professional licenses, or peace of mind, expungement is one of the most consequential petitions Missouri allows.

This guide walks through who qualifies, what gets cleared, what doesn't, and the procedural steps from petition to relief.

What expungement actually does in Missouri

An expungement order seals the record from public view and treats the petitioner, for most purposes, as if the offense never occurred. Specifically, under RSMo §610.140(8):

• The records are sealed from public access — employers, landlords, licensing boards, and background-check services cannot see them.
• The petitioner is generally permitted to answer "no" when asked whether they have been convicted of an offense.
• Limited exceptions apply for certain employers (police, healthcare, education) and licensing boards that retain access by statute.

Expungement is not the same as a pardon (which forgives the offense and is granted by the governor) or a record-correction (which fixes a factual error). Expungement is the statutory clearing of qualifying offenses for which the petitioner remains eligible.

Who qualifies for Missouri expungement

Eligibility under §610.140 turns on three things: the offense, the time elapsed, and the petitioner's record since.

Eligible offenses — the statute lists categories of offenses that may be expunged:

• Most misdemeanors after the elapsed waiting period.
• Many lower-level non-violent felonies (Class D, E, and certain Class C felonies).
• Most ordinance violations.
• Arrests and charges that did not result in conviction (including dismissals, no-prosequi, and acquittals).

Ineligible offenses include:

• Class A felonies.
• "Dangerous" felonies under RSMo §556.061 — murder, rape, sodomy, kidnapping, robbery, certain drug trafficking, and others.
• Sex offenses requiring registration.
• Most DWI/DUI offenses (with limited exceptions for first-offense alcohol-related driving offenses after ten years).
• Domestic-violence convictions (in many cases).
• Offenses involving children as victims.
• Felonies involving death or serious physical injury.

Waiting periods

The statute imposes minimum waiting periods that run from the satisfaction of any sentence (including probation):

• 3 years for felonies.
• 1 year for misdemeanors.
• 1 year for ordinance violations.
• The waiting period for arrests-without-conviction can be much shorter or zero.

The petitioner must have remained free of new convictions during the waiting period and must not have any subsequent felony convictions of any kind.

The number of expungements per lifetime

Missouri caps the number of expungement petitions a person may obtain in a lifetime: two misdemeanors and one felony, with arrest-only records counted separately. This makes the strategic question of which offenses to seek expungement for important — particularly for petitioners with multiple eligible offenses.

The expungement process step by step

One: eligibility analysis. Pull the petitioner's complete criminal history (Missouri State Highway Patrol record), identify each potentially-eligible offense, calculate waiting periods, and confirm no disqualifying subsequent convictions.

Two: choose where to file. The petition is filed in the circuit court of the county where the offense was charged. Petitioners with offenses in multiple counties must file separate petitions in each county.

Three: prepare and file the petition. The petition identifies each offense by case number, includes statutorily-required information about the petitioner, and addresses the eligibility factors. Filing fees vary by county but generally run $250–$300 per petition.

Four: notice to the prosecutor. Missouri law requires service on the prosecuting attorney, who has the right to oppose the petition.

Five: hearing. The court holds a hearing — sometimes brief, sometimes contested. The petitioner has the burden of proving eligibility and that "expungement is consistent with the public welfare." Prior law-enforcement employment, professional licensing, or specific job opportunities can support the petition.

Six: order. If granted, the court enters an order directing the various agencies to seal the records. Implementation takes 60–90 days.

Common reasons expungement petitions are denied

The most-common denials are predictable:

Ineligible offense. Most often a DWI, sex offense, or felony involving violence or a child victim.

Waiting period not yet satisfied. The waiting period runs from completion of the sentence, including probation — not from the date of the offense or the date of the conviction.

Subsequent convictions. Any felony conviction after the qualifying offense generally bars expungement of all earlier offenses.

Public-welfare opposition. Prosecutors sometimes oppose expungement of certain categories — financial-institution offenses for petitioners seeking financial-industry employment, for example. Courts give significant weight to prosecutor input.

Procedural defects. Petitions filed without proper service on the prosecutor or without complete eligibility documentation are dismissed and require refiling.

Why this matters: real consequences of an unexpunged record

Even old, minor convictions show up in employment background checks, housing applications, professional license renewals, federal student aid applications, and immigration adjudications. Specific impacts:

• Employment. Most employers run criminal background checks. Many automatically screen out applicants with any criminal history.
• Housing. Apartment complexes routinely deny applicants with conviction history.
• Professional licensing. Healthcare, education, financial services, real estate, legal, and many trades require disclosure of conviction history.
• Federal benefits. Some convictions disqualify recipients from federal student aid, public housing, and certain veterans benefits.
• Firearm rights. Felony convictions trigger federal firearm prohibitions that survive most state remedies.
• Immigration. Even minor convictions can be deportable offenses for non-citizens.

Why the call costs you nothing

Most Missouri expungement matters are handled on a flat-fee basis, quoted in writing before any work begins. The first consultation is free and includes the complete eligibility analysis. Petitioners who don't qualify receive an honest evaluation and a clear explanation of why — rather than fees for petitions doomed to denial.

The bottom line

Missouri's expungement statute provides meaningful relief for many people with old, eligible offenses on their records. Eligibility depends on the offense, the elapsed time, and the petitioner's record since. The lifetime caps (two misdemeanors, one felony) make strategic petition planning important. The first step is an honest eligibility analysis — one that identifies what can be cleared, what can't, and what order to file in.

Frequently asked questions

How long after my Missouri conviction must I wait to file for expungement?

Three years for felonies, one year for misdemeanors and ordinance violations, measured from the satisfaction of your sentence (including probation) — not from the date of conviction. Waiting periods for arrests that didn't result in conviction can be shorter or zero.

How many Missouri expungements can I get in my lifetime?

Two misdemeanors and one felony per lifetime under RSMo §610.140. Arrest-only records (with no conviction) are counted separately. The lifetime caps make it important to plan carefully if you have multiple eligible offenses.

Can I expunge a Missouri DWI?

Generally no. Most DWI convictions are explicitly excluded from §610.140. There is a narrow exception under RSMo §577.054 for first-offense alcohol-related driving convictions after ten years if you've remained conviction-free. Repeat DWIs cannot be expunged.

Will expungement let me say I was never convicted?

For most purposes, yes. RSMo §610.140 permits a petitioner whose conviction has been expunged to answer truthfully that they have not been convicted. Limited exceptions apply for certain employers (law enforcement, education, healthcare) and licensing boards that retain access by statute.

Does expungement restore my Missouri firearm rights?

Possibly, depending on the offense. Missouri expungement of a state felony may restore state firearm rights, but federal law (18 U.S.C. §922(g)(1)) treats expungement narrowly. Federal firearm restoration generally requires either a presidential pardon, a state pardon expressly restoring firearm rights, or a federal civil-rights restoration.

Do I need a lawyer for a Missouri expungement?

Petitions can be filed pro se, but the eligibility analysis is technical and procedural defects produce denial. Most petitioners benefit from counsel. Most expungement work is flat-fee, quoted in writing — and many cases include the eligibility analysis as part of the consultation at no charge.

This article is general legal information for Missouri residents. It is not legal advice. Missouri law changes regularly — statutes are amended, case law evolves, and the application of any rule depends on the specific facts of each case. Do not act, or refrain from acting, based on this article without consulting a qualified Missouri attorney about your particular situation. Reading this article does not create an attorney-client relationship. For advice on your specific case, contact David Naumann & Associates at (314) 831-9350. The initial consultation is free. See the full Legal Disclaimer for complete terms.