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Expungements

Kansas City Criminal Defense

Missouri Expungement Attorney

A criminal record doesn't have to follow you forever. Missouri law now allows expungement of up to two felonies and three misdemeanors — clearing your record for employment, housing, professional licensing, and a genuine fresh start.

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What Is Expungement in Missouri?

Expungement is the legal process of sealing a criminal record so that it no longer appears on background checks. Under Missouri's expungement statute (RSMo §610.140), eligible individuals can petition the court to close records of arrests, charges, and convictions — effectively erasing them from public view. Once expunged, the record is sealed from employers, landlords, licensing boards, and the general public.

Missouri recently expanded its expungement law significantly. You can now petition to expunge up to two felonies and three misdemeanors — a meaningful increase from the previous limits. This expansion opened the door for thousands of Missourians who were previously ineligible to clear their records.

Who Is Eligible for Expungement?

Eligibility depends on the type of offense, how much time has passed, and whether you've met all the conditions of your sentence:

General Eligibility Requirements

  • Felony convictions: You may expunge up to two felony convictions. There is generally a seven-year waiting period from the date you completed your sentence (including probation, parole, and payment of fines/restitution).
  • Misdemeanor convictions: You may expunge up to three misdemeanor convictions. There is generally a three-year waiting period from completion of your sentence.
  • Infractions: One-year waiting period from completion of sentence.
  • Arrests and charges not resulting in conviction: If charges were dismissed, you were acquitted, or no charges were ever filed, you can petition for expungement with no waiting period.
  • No pending charges or recent convictions: You generally cannot have pending criminal charges or have been convicted of a new offense during the waiting period.

Which Offenses Cannot Be Expunged?

Not all offenses are eligible. Missouri law excludes certain serious offenses from expungement:

Non-Expungable Offenses

  • Class A felonies — The most serious felony classification, including first-degree murder and certain other violent offenses.
  • Dangerous felonies — As defined by RSMo §556.061, including certain assault, robbery, and weapons offenses. However, the definition has evolved and some offenses previously classified as dangerous may now be eligible — making an attorney review essential.
  • Sex offenses requiring registration — Any offense that requires registration on the sex offender registry.
  • Domestic assault in the first degree — Though lower degrees of domestic assault may be eligible.
  • DWI-related offenses — Intoxication-related traffic offenses are generally excluded from expungement.

The list of non-expungable offenses is complex and has changed over time as the legislature has amended the statute. Many people assume their conviction isn't eligible when it actually is — or vice versa. An attorney review of your specific record is the only way to know for certain.

What Does Expungement Actually Do?

The Effect of a Successful Expungement

  • Record is sealed from public view: The conviction, arrest, or charge no longer appears on standard background checks used by employers, landlords, and licensing boards.
  • You can legally deny the conviction: Once expunged, you can truthfully answer "no" when asked on job applications, housing applications, and professional license applications whether you've been convicted of a crime.
  • Restores rights: Expungement can restore certain rights lost due to the conviction — including, in some cases, the right to possess firearms (depending on the specific offense and federal law).
  • Exceptions: Expunged records remain accessible to law enforcement, the courts, and certain government agencies. An expunged conviction can still be considered if you're charged with a new offense. And federal background checks for security clearances may still access expunged records.

The Expungement Process

How It Works

  • Record review and eligibility analysis: We review your complete criminal history to determine which convictions, arrests, and charges are eligible for expungement and in what order to petition.
  • Petition preparation and filing: We prepare and file the petition for expungement in the court where the case was originally handled, along with the required filing fee.
  • Notice to prosecutor and victims: The court notifies the prosecutor's office and any registered victims, who have the right to object.
  • Hearing (if necessary): If no objection is filed, some courts grant the expungement without a hearing. If the prosecutor or a victim objects, a hearing is held where we present your case to the judge.
  • Court order and record sealing: If granted, the court issues an order directing all agencies — courts, law enforcement, corrections — to seal the records. The process typically takes 30 to 90 days from filing to completion.

Why Expungement Matters

A criminal record creates barriers that persist long after the sentence is served. Background checks flag convictions for employers, landlords, licensing boards, volunteer organizations, and educational institutions. Studies consistently show that a criminal record reduces callback rates for job applications by more than 50% — and the impact is even greater for people with felony convictions.

Expungement removes these barriers. It allows you to apply for jobs, housing, and professional licenses without the weight of a criminal record. For many of our clients, expungement is the final step in putting a past mistake behind them and building the future they want.

Expungement in Kansas City

Expungement petitions in the Kansas City metro are filed in the court where the original case was handled — which means petitions may need to be filed in Jackson County, Clay County, Platte County, Cass County, or any municipal court where the case originated. If you have convictions in multiple courts, separate petitions must be filed in each one.

The process varies somewhat by court. Some courts handle expungement petitions efficiently with minimal delay. Others require hearings even when the prosecutor doesn't object. Knowing the specific procedures and timelines in each court helps set realistic expectations and avoid unnecessary delays.

The Hartley Law Firm handles expungement petitions across all Kansas City-area courts. We review your complete criminal history, identify every eligible conviction and arrest, file petitions in the correct courts, and represent you at any hearings that are required. Whether you have a single misdemeanor or multiple felonies across different jurisdictions, we manage the entire process from start to finish.

Frequently Asked Questions About Expungement

How many convictions can I expunge in Missouri?
Missouri law currently allows expungement of up to two felony convictions and three misdemeanor convictions. Arrests and charges that did not result in a conviction can also be expunged with no limit on the number. The limits apply to convictions only.
How long do I have to wait before I can petition for expungement?
The waiting period runs from the date you completed your entire sentence — including probation, parole, and payment of all fines and restitution. For felonies, the waiting period is generally seven years. For misdemeanors, it's three years. For infractions, one year. For arrests or dismissed charges, there is no waiting period.
Can a DWI be expunged?
Generally no. Missouri law specifically excludes intoxication-related traffic offenses from expungement eligibility. This includes DWI, DUI, BAC violations, and related offenses. This is one of the most frequently asked questions we receive, and unfortunately the answer for most DWI convictions is that they cannot be cleared from your record under current law.
Will an expunged record still show up on background checks?
Once expunged, the record should not appear on standard commercial background checks used by employers and landlords. However, law enforcement, courts, and certain government agencies can still access expunged records. Federal security clearance background checks may also access sealed records. For the vast majority of employment and housing applications, an expunged record is effectively invisible.
Can I say I was never convicted after expungement?
Yes. Once your record is expunged, Missouri law allows you to legally deny the existence of the conviction. On job applications, housing applications, and professional license applications that ask whether you've been convicted of a crime, you can truthfully answer "no" for the expunged offense.
Does expungement restore my gun rights?
It depends. Expungement of a Missouri felony conviction may restore your right to possess firearms under state law. However, federal law (18 U.S.C. §922(g)) has its own rules about felony convictions and firearm rights, and whether a state expungement satisfies the federal standard is a complex legal question that depends on the specific offense and the specific circumstances. We can evaluate your situation and advise whether your gun rights can be restored.
What if I have convictions in multiple counties?
Separate petitions must be filed in each court where you have an eligible conviction. If you have a felony in Jackson County and a misdemeanor in Clay County, two separate petitions are required. We handle multi-jurisdiction expungements routinely and manage the entire process across all courts.
How long does the expungement process take?
From filing to court order, the process typically takes 30 to 90 days — though it can vary by court and whether a hearing is required. After the court issues the expungement order, it may take additional time for all agencies (courts, law enforcement, corrections, the highway patrol) to update their records. We follow up to ensure the records are actually sealed. Call The Hartley Law Firm at 816-451-0909 for a free eligibility review.

Ready to Clear Your Record?

A criminal record doesn't have to define your future. Call The Hartley Law Firm today for a free expungement eligibility review.

Book Your Free Eligibility Review Or call now — 816-451-0909