For most of Missouri's history, expungement was reserved for arrests that never resulted in conviction and for a tiny handful of statutory exceptions. That changed dramatically in 2018, when the legislature rewrote RSMo §610.140 to dramatically expand the list of offenses eligible for expungement. The statute has been amended several times since, and as of today the list includes the vast majority of misdemeanors and a meaningful set of felonies. Most Missourians with old, low-level convictions on their record qualify for relief and don't realize it.

This guide walks through who qualifies, what the waiting periods look like, the procedural steps, the fees, and the categories of offenses that remain permanently ineligible.

What expungement actually does

Expungement under RSMo §610.140 closes the public record of a qualifying conviction or arrest. After expungement, the record is sealed; it does not appear on standard background checks; and the petitioner can lawfully answer “no” on most employment, housing, and licensing applications when asked about the offense. There are limited exceptions for sensitive employment (law enforcement, certain professional licenses, jobs working with vulnerable populations) where the record may still be visible.

Expungement is not the same as a pardon, and it does not technically erase the record from law enforcement databases. But for ordinary employment, housing, and licensing purposes, expungement restores the petitioner to the position he or she would have occupied without the conviction.

The expanded list of eligible offenses

The 2018 expansion (and subsequent amendments) means that, with limited exceptions, all misdemeanors and most felonies are now expungeable. The statute lists categories of offenses that are not eligible — everything else is presumptively eligible.

The categories that cannot be expunged include:

  • Class A felonies;
  • Most violent felonies (murder, manslaughter, assault in the first or second degree, kidnapping);
  • Sex offenses requiring sex-offender registration;
  • Domestic-violence offenses (with limited exceptions);
  • Most felonies involving the use of a deadly weapon;
  • Driving while intoxicated and other intoxication-related driving offenses;
  • Offenses against children;
  • Felony offenses requiring registration as an offender;
  • Numerous specifically enumerated offenses (the statute contains a long list).

Almost everything else — old marijuana possession, low-level theft, trespass, disorderly conduct, most property crimes, most low-level drug felonies, fraud convictions, forgery, and the broad category of nonviolent misdemeanors — is potentially eligible.

Waiting periods

The statute imposes waiting periods after the petitioner has completed all elements of the sentence (probation, parole, fines, restitution, jail or prison time). The wait runs from the date of completion, not the date of the original conviction.

  • Misdemeanors and infractions: three years.
  • Felonies: seven years.

If the petitioner has been arrested or charged with another crime during the waiting period (other than minor traffic infractions), the clock typically resets. Maintaining a clean record during the wait is essential.

The lifetime caps

Missouri places lifetime caps on the number of offenses any one person can have expunged. As of the current statute:

  • Up to two misdemeanors and one felony per lifetime; or
  • One misdemeanor and one infraction; or
  • The functional equivalent under the statute's complex counting rules.

If a petitioner has multiple eligible offenses and is over the cap, the petitioner must choose which to expunge. Selecting the offense most damaging to current employment or housing is usually the right call.

The procedural steps

Expungement is initiated by filing a petition in the circuit court of the county where the conviction was entered. The petition must list the case numbers, dates, and dispositions of every offense the petitioner seeks to expunge. The clerk forwards copies to the prosecutor and to the Missouri State Highway Patrol Criminal Justice Information Services Division for verification.

The state has 30 days to object. If the prosecutor does not object, the court typically grants the petition without a hearing. If the prosecutor objects — usually because of a question about eligibility or about whether the petitioner has been arrest-free during the waiting period — the court schedules a hearing. The petitioner has the burden of showing eligibility by a preponderance of the evidence.

Granted petitions result in an order directing all entities holding the record — the court, the highway patrol, the FBI, the original arresting agency — to seal it. The order takes effect immediately, although flowing through to all third-party background-check databases can take months.

Fees

The petitioner pays a $250 surcharge for each offense expunged, paid to the court at filing. There are also standard court filing fees that vary by county (typically $50–$100). Counsel fees vary; typical flat-fee charges for a Missouri expungement run between $750 and $2,500 depending on the number of offenses and the complexity of the file.

What stays on the record

Some categories of records survive expungement. Federal background checks may still show some information, particularly for offenses prosecuted federally. Sex-offender registration, where applicable, is not eliminated by state expungement. Convictions used to enhance sentences in subsequent prosecutions remain available to prosecutors. And certain sensitive employment categories (law enforcement, education involving children, healthcare) can still see expunged records.

For ordinary employment, ordinary housing, ordinary professional licensing, and most credit and rental applications, the expunged record is invisible.

Why timing matters

Each year a qualifying offense remains on a record is a year of lost opportunity — better jobs declined, apartments unrented, professional licenses delayed. The waiting period runs only once per offense; once it has elapsed, there is no benefit to waiting further. A petition filed today in a clear case can be granted within 60–120 days.

Talk to counsel before filing pro se

Pro se petitions are common but error-prone. Missing a case number, miscounting a waiting period, or seeking expungement of an ineligible offense triggers an objection and a hearing the petitioner often loses. Counsel can verify eligibility, prepare the petition correctly, anticipate the prosecutor's questions, and present any contested issues at hearing.

For a free assessment of whether your record qualifies for expungement, call the firm. Read more about our Missouri expungement practice, our legal glossary, or our earlier expungement primer.

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.