Mo. Rev. Stat. § 610.140 deals with expunging certain criminal records. The same section also deals with the definitions and what the petition must contain. The subsections are what a petition has to satisfy.
The petition and the sections next to it
Read Mo. Rev. Stat. § 610.122 when the issue is expunging an arrest record. The statute says: “Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.”
On how the request is filed, including rules the supreme court must write, the Missouri text is Mo. Rev. Stat. § 610.123. The statute says: “Any person who wishes to have a record of arrest expunged pursuant to section 610.”
Mo. Rev. Stat. § 311.326 deals with expungement of record permitted. The statute says: “After a period of not less than one year after reaching the age of twenty-one a person who has pleaded guilty to or has been found guilty of violating section 311.”
Missouri uses Mo. Rev. Stat. § 302.545 for expungement of records. Driving offenses sit on this side track. The statute says: “Any person who is less than twenty-one years of age and whose driving privilege has been suspended or revoked, for a first determination under sections 302.500 to 302.”
When a different section applies
Missouri uses Mo. Rev. Stat. § 610.131 for expungement for persons less than eighteen years of age at time of offense. A juvenile record uses this section rather than the adult petition. The statute says: “Notwithstanding the provisions of section 610.140 to the contrary, a person who at the time of the offense was under the age of eighteen, and has pleaded guilty or has been convicted for the offense of prostitution under section 567.”
Appellate readings
State of Missouri v. Steve Kraus, 1975 Mo. LEXIS 340 (1975) is worth reading in full. The court denied the request. The opinion puts it this way: “The motion to expunge is denied.”
Urban Martinez v. State of Missouri, 2000 Mo. App. LEXIS 147 (2000) is worth reading in full. The opinion puts it this way: “Section 610.122 was part of a comprehensive expungement act relating to arrest records, consisting of five statutory sections, that was enacted by our legislature in 1993 and subsequently amended in 1995.”
State of Missouri Ex Rel. George A. Peach, 1981 Mo. App. LEXIS 3627 (1981) is worth reading in full. The appellate court took the expungement back. The opinion puts it this way: “On appeal the court vacated the order of ex-pungement holding that the case presented no extraordinary circumstances that would warrant expunction of the record of conviction under the court’s inherent equity powers.”
A practical sequence
- Open Mo. Rev. Stat. § 610.140 and read the part on expunging certain criminal records. Everything else in the filing has to fit that section.
- Use Mo. Rev. Stat. § 610.123 for the mechanics. It is how the request is filed, including rules the supreme court must write, which is not the same question as whether the record qualifies.
- If the person was a juvenile, move to Mo. Rev. Stat. § 610.131 instead of forcing the case into the adult section.
- Then read State of Missouri v. Steve Kraus, 1975 Mo. LEXIS 340 (1975). That is a Missouri court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Missouri?
Mo. Rev. Stat. § 610.140 deals with expunging certain criminal records. The same section also deals with the definitions and what the petition must contain. The subsections are what a petition has to satisfy.
Does Missouri use a different statute when the person was under eighteen?
Mo. Rev. Stat. § 610.131 deals with expungement for persons less than eighteen years of age at time of offense. A juvenile record uses this section rather than the adult petition. The statute says: “Notwithstanding the provisions of section 610.140 to the contrary, a person who at the time of the offense was under the age of eighteen, and has pleaded guilty or has been convicted for the offense of prostitution under section 567.”
What does a Missouri petition have to contain?
Mo. Rev. Stat. § 610.123 deals with how the request is filed, including rules the supreme court must write. The statute says: “Any person who wishes to have a record of arrest expunged pursuant to section 610.”
How have Missouri courts ruled on expungement?
State of Missouri v. Steve Kraus, 1975 Mo. LEXIS 340 (1975) The court denied the request. “The motion to expunge is denied.”
Read Mo. Rev. Stat. § 610.140 in full before you file. A quotation on this page is a starting point, not the whole section.