Missouri Expungement — What You Need to Know Before You File

Missouri Expungement Guide showing 3 year felony waiting period, 1 year misdemeanor waiting period, and 3-5 month timeline

Missouri expungement is a legal process that removes certain criminal records from public view under two main statutes: RSMo 610.140 for convictions and RSMo 610.122 for arrest records. The waiting period is 3 years for felonies and 1 year for misdemeanors after you complete your sentence, and the full process from filing to hearing typically takes 3 to 5 months. Not every offense qualifies — some crimes are permanently ineligible.

⚠️ This is an informational guide, not legal advice.

I’ve put this together after reviewing Missouri’s expungement statutes, court procedures, and guidance from practicing Missouri attorneys. For your specific situation, always consult a licensed Missouri attorney.

The Two Types of Missouri Expungement

There are two Missouri expungement statutes you’ll hear about, and they cover very different situations. Getting this straight before you file saves a lot of frustration.

1. Conviction Expungement (RSMo 610.140)

This one applies when you actually pled guilty or were convicted of a crime. It’s the more common expungement people search for. Under RSMo 610.140, you can wipe certain convictions from your record after specific waiting periods.

The rules changed significantly on August 28, 2021 — and this is important because most old blog posts online still quote the old waiting periods. Here’s what the current law says:

  • Felonies: 3 years from the date you complete your sentence (used to be longer)
  • Misdemeanors: 1 year from the date you complete your sentence (used to be 3 years)
  • The “clock starts” the day you finish probation, parole, or any court-ordered supervision

The 2021 change made a lot more people eligible than before, which is why I always tell people to double-check even if they were told “no” a few years ago.

Arrest Record Expungement (RSMo 610.122)

This one is for arrests that never led to a conviction — either you were never charged, or the charges were later dismissed. It also covers dismissals through deferred prosecution agreements and cases where the prosecutor couldn’t build enough evidence.

The 2021 amendment removed a big restriction here too. Before, if you had any prior or subsequent plea to any misdemeanor or felony, you were disqualified. That knocked most people out. That restriction is gone now, so a much larger group qualifies today than in the past.

Who Qualifies — And Who Doesn’t

This is the part where I see the most confusion. Let me break it down.

Step 1: Check the Ineligible List First

RSMo 610.140 has a specific subsection (Subsection 2) that lists crimes that can never be expunged. Before you spend time on anything else, look at this list. If your offense is on it, you’re ineligible — no matter how long ago it was or how good your record has been since.

Some categories that are permanently blocked:

  • Class A felonies
  • Dangerous felonies
  • Felony offenses involving death
  • Sex offenses requiring registration
  • DWI/DUI offenses involving certain circumstances (see the DWI section below)
  • Domestic assault offenses
  • Certain weapons offenses

For the complete official list of ineligible offenses, refer to the Missouri statute directly: RSMo 610.140 — Full Text (revisor.mo.gov).

If your offense isn’t on the ineligible list, move to the next step.

Step 2: Check the Statutory Requirements

Once you know your offense isn’t blocked, you go to Subsection 5 of RSMo 610.140. This section lists the conditions you need to meet before the court can grant your petition.

I’ll cover the DWI-specific requirements separately below, since those are stricter.

DWI and DUI Expungement — Stricter Rules

DWI and DUI expungements have their own statutory framework, and Missouri treats them as harder to expunge than other offenses. In Missouri, DWI and DUI are often used interchangeably, though DWI typically covers narcotic or drug-related driving offenses and DUI covers driving under the influence of alcohol.

To have a DWI or DUI expunged, you have to meet four statutory requirements — all of them, not just some.

The Four DWI Expungement Requirements

  1. 10 years must have passed since the date you entered a plea of guilty to the DWI or DUI
  2. It must be your first and only DWI, DUI, or boating while intoxicated offense (BWI) — if you have two DWIs, or a DWI and a DUI, neither can be expunged
  3. No other alcohol-related enforcement actions — this includes:
    • No driver’s license suspensions for driving while intoxicated
    • No refusals to submit to a breath test
    • No DWI or DUI from another state
  4. No pending cases for DWI, DUI, or BWI at the time of your expungement hearing

If any one of these four falls short, the petition won’t be granted. From what I’ve seen, the “first and only offense” requirement is what disqualifies most people who ask about DWI expungement.

The Missouri Expungement Process — Step by Step

Here’s how the actual process works once you’ve confirmed you’re eligible. This is the same general path whether you’re filing under 610.140 or 610.122.

Step 1: File Your Petition in the Right Circuit Court

You file the petition in the Circuit Court where the original case occurred — not where you live now, and not the appellate courts. If your DWI was in St. Louis County, that’s where the petition goes. If you’re not sure which court handled your original case, use the CaseNet case number search to pull up the case and confirm the correct circuit.

You need to file two versions of the petition:

  • Redacted copy — all personal information removed (Social Security number, date of birth, address, etc.)
  • Unredacted copy — full information, to be served on all respondents in the case

Step 2: File Your Confidential Case Filing Sheets

Along with the petition, you file confidential case filing sheets. These sheets carry all the identifying information for you (the petitioner) and every respondent in your case. The court uses these to keep sensitive data out of the public docket.

Step 3: Check If You Need Notices of Hearing

Whether you need to file notices of hearing depends on the jurisdiction. Some Missouri circuits require them, others don’t. The safest move is to call the clerk of the court where you’re filing and ask directly. It takes one phone call and saves you a rejected filing.

Step 4: Serve All the Respondents

Once your petition is filed, every relevant party has to be served — meaning they officially get notice that you’re seeking expungement. Typical respondents in a Missouri expungement case include:

  • Missouri State Highway Patrol — records repository
  • The police department that arrested you
  • The prosecuting attorney’s office where the charges were filed
  • Any other party that might hold records related to your criminal case

If you miss serving someone, your hearing gets pushed back until proper service is completed.

Step 5: Attend the Hearing on the Merits

After service is confirmed, the court schedules a hearing on the merits of your petition. This is where you actually appear (or your attorney does) and present evidence showing you meet every statutory requirement.

At the hearing, you formally request that the judge grant the petition. The judge then issues an order — either granting or denying the expungement.

Step 6: The Order Is Issued

If the judge grants your petition, the expungement order goes to all the parties who were served, and they’re required to seal or remove the records from public access. This is when the expungement actually takes effect.

How Long Does a Missouri Expungement Take?

From filing to your hearing on the merits, the general timeline is 3 to 5 months. This applies to both types — arrest record expungements under 610.122 and conviction expungements under 610.140.

Here’s roughly how the time breaks down:

  • Filing to service completed: 3–6 weeks
  • Service to hearing scheduled: 4–8 weeks
  • Hearing to final order: 2–4 weeks

The timeline shifts based on which circuit you file in. Busy courts like St. Louis County (21st Circuit) and Jackson County (16th Circuit) often run at the longer end. Smaller circuits sometimes move faster.

What You’ll Need to File — Complete Checklist

Before you walk into the clerk’s office (or e-file), have all of this ready:

  • ✅ Petition — redacted copy (personal info removed)
  • ✅ Petition — unredacted copy (full info, for respondents)
  • ✅ Confidential case filing sheets (for petitioner and all respondents)
  • ✅ Notices of hearing (if your jurisdiction requires them — call the clerk to confirm)
  • ✅ List of all respondents with correct addresses for service
  • ✅ Original case number(s) you’re seeking to expunge
  • ✅ Documentation showing completion of sentence (probation completion, fines paid, etc.)
  • ✅ Filing fee — varies by circuit, so call the clerk to confirm the current amount

Recent Changes You Should Know About

Missouri’s expungement laws have shifted meaningfully in the last few years. If you’re relying on advice from before August 28, 2021, you’re likely working with outdated information.

Key 2021 Changes

  • Felony waiting period cut from longer periods to 3 years after sentence completion
  • Misdemeanor waiting period cut from 3 years to 1 year
  • RSMo 610.122 restriction removed — the “any prior or subsequent plea” clause that disqualified most people from arrest record expungement was struck out

Because of these changes, a lot of Missourians who were told they didn’t qualify a few years ago actually do qualify now under the current statutes.

Common Reasons Expungement Petitions Get Denied

From what I’ve seen, most denied petitions fail for one of these reasons:

  • The offense is on the ineligible list (RSMo 610.140 Subsection 2)
  • Waiting period hasn’t fully passed yet — the clock starts the day you complete supervision, not the day you were sentenced
  • Missed serving one of the required respondents
  • Pending cases at the time of the hearing (especially for DWI expungement)
  • Prior expungement on file — Missouri limits how many expungements a person can receive in their lifetime
  • Statutory requirement wasn’t met but was overlooked when filing

Frequently Asked Questions

How much does a Missouri expungement cost to file?

Filing fees vary by circuit court, and the amount changes over time. Contact the circuit clerk where you’re filing for the current fee. Most Missouri circuits charge a filing fee plus service costs for each respondent.

Can I file an expungement petition myself, or do I need a lawyer?

Missouri allows pro se filing (representing yourself), but expungement petitions have strict statutory requirements and specific procedural rules. A single missed requirement or missed respondent can get your petition denied. Most people benefit from at least a consultation with a Missouri attorney who handles expungements regularly.

Will my expunged record show up on background checks?

Once the expungement order is issued and the respondents seal the records, the case should no longer appear on standard public background checks — including CaseNet searches. However, federal background checks, immigration records, and certain licensed employer checks may still surface the record in specific circumstances.

Can I expunge multiple offenses at the same time?

You can petition for expungement of multiple offenses, but Missouri law limits how many expungements a person can receive in a lifetime and how many can be combined in one petition. The rules depend on offense type. This is one area where an attorney’s guidance genuinely helps.

Does expungement remove the record from federal databases?

No. Missouri expungement only affects Missouri state records. Federal records — including FBI databases, immigration records, and federal court files (which are separate from CaseNet) — are not affected by a Missouri expungement order.

Can I own a firearm after expungement?

For many offenses, yes — but not all. Federal firearms law and Missouri firearms law don’t always align with state expungement. If firearm rights are the reason you’re seeking expungement, discuss the specific offense with an attorney before assuming rights are automatically restored.

What’s the difference between expungement and sealing?

Expungement in Missouri means the record is removed from public view under RSMo 610.140 or 610.122. Sealing has a slightly different legal effect and is used for specific record types like juvenile cases. In practical terms, both remove the record from routine public searches, but the underlying legal mechanism is different.

Can I expunge a DWI in Missouri?

Yes, but only if you meet all four statutory requirements: 10 years since your guilty plea, it’s your first and only alcohol-related driving offense, no other alcohol-related enforcement actions, and no pending cases. Most people who ask about DWI expungement find they don’t meet the “first and only offense” requirement.

Related Missouri Court Resources on This Site

If you’re working through an expungement, these related guides will help:

Where to Get Official Help

For anything beyond general information, use these official resources:

Final Word

Missouri expungement is more accessible today than it was even a few years ago, especially after the 2021 statutory changes. The process itself isn’t complicated once you understand the framework — check if your offense is eligible, confirm you meet the statutory requirements, file the right documents in the right court, serve everyone properly, and show up prepared for the hearing.

The main pitfalls I see people run into: not knowing about the ineligible list before they start, miscounting the waiting period, missing a respondent during service, or applying old pre-2021 rules to a current situation. If you avoid those, you’re already ahead of most petitioners.