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Missouri Expungement Law

Tagged under: Law Resources Missouri Expeal
By Omid Ghaffari-Tabrizi on January 22, 2016, updated November 24, 2016.

Missouri's State Flag.

Missouri has one of the tougher set of expungement laws in the country. In order to help educate as many people as we can, the entire text of Sections 610.122, 610.123, 610.124, 610.013, 610.140, and Chapter 488.650 of the Missouri Revised Statutes, are printed below. The text and commentary are both from November 24, 2016. Please make sure everything is still accurate.

A few key points to remember:

  • Arrest records resulting from charges that were never filed or charges you were found not guilty of or that were dismissed qualify to be expunged.
  • Any of crimes listed in Subsection 2 do not qualify to be expunged.
  • You can expunge as many qualifying convictions as you list on one petition.
  • Under limited circumstances, you can expunge an alcohol-related driving offense.
  • If your charge qualifies to be expunged, you must wait 3 years for a misdemeanor, municipal offense, or infraction, and 7 years for a felony.
  • On top of that, your record needs to be clean for that entire time (other than violations of Chapter 304 and Chapter 307, things that are basically non-criminal traffic violations).
  • If your petition to expunge is successful, the court will order people to literally destroy everything related to your case (except for the courts, which will keep it confidential), and even ask the FBI to destroy their records.
  • If your petition to expunge is successful, all the rights you lost as a result of your conviction will be restored.
  • If your petition to expunge is dismissed, you have to wait at least 1 year before re-filing.
  • You are limited to one felony expungement and up to two misdemeanor or ordinance violations that have an authorized term of imprisonment during your lifetime.

While we do our absolute best to make sure that our qualification form is completely accurate, no one other than an attorney licensed in Missouri will know for sure whether you qualify. They will review these same rules as well as case-law related to this statute to come to their decision.

Section 610.122 of the Missouri Revised Statutes - Arrest record expunged, requirements.

610.122.1, Missouri Revised Statutes - Subsection 1

Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503 may be expunged if:
(1) The court determines that the arrest was based on false information and the following conditions exist:
(a) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
(b) No charges will be pursued as a result of the arrest; and
(c) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; or
(2) The court determines the person was arrested for, or was subsequently charged with, a misdemeanor offense of chapter 303 or any moving violation as the term moving violation is defined under section 302.010, except for any intoxication-related traffic offense as intoxication-related traffic offense is defined under section 577.023 and:
(a) Each such offense or violation related to the arrest was subsequently nolle prossed or dismissed, or the accused was found not guilty of each offense or violation; and
(b) The person is not a commercial driver's license holder and was not operating a commercial motor vehicle at the time of the arrest.

Commentary on Subsection 1

This subsection outlines the general basics of the Missouri expungement law for arrest records. There are two circumstances under which you can file a petition to expunge. The first is if a court finds your arrest was based on false information, here is no probable cause to believe you committed the crime, the state is not pursuing any charges against you, and you did not receive a suspended imposition of sentence. The second is if you were arrested or charged for a misdemeanor violation of Chapter 303 OR any moving violatoin defined in Section 302.010 EXCEPT for intoxication-related offenses defined under 577.023, which expires on December 31, 2016, to be replaced with this, effective January 1, 2017, and that offense was either nolle prossed or dismissed or you were found not guilty and you are not a commercial driver's license holder that was dirving a commercial motor vehicle at the time you were arrested or charged.

610.122.2, Missouri Revised Statutes - Subsection 2

A record of arrest shall only be eligible for expungement under this section if:
(1) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions; and
(2) No civil action is pending relating to the arrest or the records sought to be expunged.

Commentary on Subsection 2

This subsection sets the 2 requirements that will allow an arrest record to be expunged. First, you can't have any convictions on your record, whether related to the arrest or not. Second, there can't be any outstanding civil actions (like lawsuits) related to the arrest.

Section 610.123 of the Missouri Revised Statutes - Procedure to expunge, supreme court to promulgate rules - similar to small claims.

610.123.1, Missouri Revised Statutes - Subsection 1

Any person who wishes to have a record of arrest expunged pursuant to section 610.122 may file a verified petition for expungement in the civil division of the circuit court in the county of the arrest as provided in subsection 4 of this section. The petition shall include the following information or shall be dismissed if the information is not given:
(1) The petitioner's:
(a) Full name;
(b) Sex;
(c) Race;
(d) Date of birth;
(e) Driver's license number;
(f) Social Security number; and
(g) Address at the time of the arrest;
(2) The offense charged against the petitioner;
(3) The date the petitioner was arrested;
(4) The name of the county where the petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality;
(5) The name of the agency that arrested the petitioner;
(6) The case number and court of the offense;
(7) Petitioner's fingerprints on a standard fingerprint card at the time of filing a petition to expunge a record that will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.

Commentary on Subsection 1

This subsection outlines what you have to do if you want to include in a petition to expunge your arrest record. Note that the petition has to be verified.

610.123.2, Missouri Revised Statutes - Subsection 2

The petition shall name as defendants all law enforcement agencies, courts, prosecuting attorneys, central state depositories of criminal records or others who the petitioner has reason to believe may possess the records subject to expungement. The court's order shall not affect any person or entity not named as a defendant in the action.

Commentary on Subsection 2

This subsection outlines who you need to name in your petition to expunge your arrest record. You need to include basically every agency that was ever involved in the case. This is not just the police, the prosecutor, and the court, but also the state agencies that keep copies of the record. If a booking agency or multiple agencies in any of the other categories were involved, they need to be named as well. If you think someone in the Missouri government has a record about your case, you have to name them. When the order to expunge is given, it will only be enforceable against the agencies you name.

610.123.3, Missouri Revised Statutes - Subsection 3

The court shall set a hearing on the matter no sooner than thirty days from the filing of the petition and shall give reasonable notice of the hearing to each official or agency or other entity named in the petition.

Commentary on Subsection 3

This subsection makes it required to have a hearing. It has to be at least 30 days after you filed in order to give all the agencies a chance to respond.

610.123.4, Missouri Revised Statutes - Subsection 4

If the court finds that the petitioner is entitled to expungement of any record that is the subject of the petition, it shall enter an order directing expungement. Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the circuit court under this section shall be confidential and only available to the parties or by order of the court for good cause shown. A copy of the order shall be provided to each agency identified in the petition pursuant to subsection 2 of this section.

Commentary on Subsection 4

This subsection explains what happens if a court enters an order of expungment. A copy of the order that says your record must be expunged will be sent to everyone you named in your petition. Those agencies will have to keep confidential any records they have of your arrest. The courts records are to be kept confidential and only people authorized by a court order after showing good cause can have access to those records.

610.123.5, Missouri Revised Statutes - Subsection 5

The supreme court shall promulgate rules establishing procedures for the handling of cases filed pursuant to the provisions of this section and section 610.122. Such procedures shall be similar to the procedures established in chapter 482 for the handling of small claims.

Commentary on Subsection 5

This subsection states that the Missouri Supreme Court is in charge of making the rules related to how petition to expunge arrest records are filed. It requires that those rules be similar to the rules for filing small claims cases.

Section 610.124 of the Missouri Revised Statutes - Destruction of arrest records - removal from all electronic files - FBI requested to expunge - protest to expungement, procedure.

610.124.1, Missouri Revised Statutes - Subsection 1

All records ordered to be expunged pursuant to section 610.123 shall be destroyed, except as provided in this section. If destruction of the record is not feasible because of the permanent nature of the record books, such record entries shall be blacked out. Entries of a record ordered expunged pursuant to section 610.123 shall be removed from all electronic files maintained with the state of Missouri. The central repository shall request the Federal Bureau of Investigation expunge the records from its files.

Commentary on Subsection 1

This subsection dictates what is required if an arrest record is expunged pursuant to Section 610.123. Specifically, the agencies that received the order will have to destroy any records they have related to your case. If they cannot physically destroy a record, they have to black it out so no one can see it. Even the mention of the fact you had a record expunged must be destroyed by everyone, except for the court, as explained in Subsection 4 of the Section 610.123. The central repository will also go one step further, asking the FBI to expunge their records related to your case as well.

610.124.2, Missouri Revised Statutes - Subsection 2

Any petitioner, or agency protesting the expungement, may appeal the court's decision in the same manner as provided for other civil actions.

Commentary on Subsection 2

This subsection explains how the appeals process works for petition to expunge your arrest. If your petition is denied, you can appeal the decision in the same way a civil appeal occurs. Similarly, if a named agency objects to your petition being granted, they are also allowed to appeal.

Section 610.130 of the Missouri Revised Statutes - Alcohol-related driving offenses, expunged from records, when - procedures, effect--limitations.

610.130.1, Missouri Revised Statutes - Subsection 1

After a period of not less than ten years, an individual who has pleaded guilty or has been convicted for a first intoxication-related traffic offense or intoxication-related boating offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a commercial motor vehicle while under the influence of alcohol and who since such date has not been convicted of any intoxication-related traffic offense or intoxication-related boating offense may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.

Commentary on Subsection 1

This subsection creates a 10 year waiting period for filing a petition to expunge your first intoxication-related traffic offense or intoxication-related boating offense that you plead guilty or were found guilty of committing. First, the conviction must be a misdemeanor or a municipal violation. Second, it cannot be related to a commercial motor vehicle. Third, you cannot be convicted of any other alcohol-related driving offenses in those 10 years.

610.130.2, Missouri Revised Statutes - Subsection 2

If the court determines, after hearing, that such person has not been convicted of any subsequent intoxication-related traffic offense or intoxication-related boating offense, has no other subsequent alcohol-related enforcement contacts as defined in section 302.525, and has no other intoxication-related traffic offense or intoxication-related boating offenses or alcohol-related enforcement actions pending at the time of the hearing on the application, the court shall enter an order of expungement.

Commentary on Subsection 2

This subsection requires that the court set a hearing, and if they find out you have never been involved in any other intoxication-related arrests, you can expunge your record.

610.130.3, Missouri Revised Statutes - Subsection 3

Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the circuit court under this section shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section. A person shall only be entitled to one expungement pursuant to this section. Nothing contained in this section shall prevent the director from maintaining such records as to ensure that an individual receives only one expungement pursuant to this section for the purpose of informing the proper authorities of the contents of any record maintained pursuant to this section.

Commentary on Subsection 3

This subsection statest that the expunged records will be kept confidential by the court, but every other agency must destroy their records. Furthermore, if your petition to expunge is granted, you can say you never were arrested or convicted of those charges without worry.

610.130.4, Missouri Revised Statutes - Subsection 4

The provisions of this section shall not apply to any individual who has been issued a commercial driver's license or is required to possess a commercial driver's license issued by this state or any other state.

Commentary on Subsection 4

This subsection states that if you have a commercial driver's license or you are required to possess a commercial driver's license, you cannot expunge any alcohol-related driving offenses.

Section 610.140 of the Missouri Revised Statutes - Expungement of certain criminal records, petition, contents, procedure.

610.140.1, Missouri Revised Statutes - Subsection 1

Notwithstanding any other provision of law and subject to the provisions of this section, any person may apply to any court in which such person was charged or found guilty of any offenses, violations, or infractions for an order to expunge records of such arrest, plea, trial, or conviction. Subject to the limitations of subsection 12 of this section, a person may apply to have one or more offenses, violations, or infractions expunged if such offense, violation, or infraction occurred within the state of Missouri and was prosecuted under the jurisdiction of a Missouri municipal, associate circuit, or circuit court, so long as such person lists all the offenses, violations, and infractions he or she is seeking to have expunged in the petition and so long as all such offenses, violations, and infractions are not excluded under subsection 2 of this section. If the offenses, violations, or infractions were charged as counts in the same indictment or information or were committed as part of the same course of criminal conduct, the person may include all the related offenses, violations, and infractions in the petition, regardless of the limits of subsection 12 of this section, and the petition shall only count as a petition for expungement of the highest level violation or offense contained in the petition for the purpose of determining future eligibility for expungement.

Commentary on Subsection 1

This subsection outlines the general basics of the Missouri expungement law for convictions. Other than situations limited by subsection 12, discussed below, a person can apply to have one or more charges expunged so long as they occured in Missouri, all the charges that are to be expunged are listed, and none of those charges are excluded by subsection 2. If multiple charges were filed within one case, all of them can be listed, despite the limitations of subsection 12, but the petition shall only count for the highest level violation when future eligibility is concerned.

610.140.2, Missouri Revised Statutes - Subsection 2

The following offenses, violations, and infractions shall not be eligible for expungement under this section:
(1) Any class A felony offense;
(2) Any dangerous felony as that term is defined in section 556.061;
(3) Any offense that requires registration as a sex offender;
(4) Any felony offense where death is an element of the offense;
(5) Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
(6) Any offense listed, or previously listed, in chapter 566 or section 105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425, 217.360, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035, 565.084, 565.085, 565.086, 565.095, 565.120, 565.130, 565.156, 565.200, 565.214, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032, 568.045, 568.060, 568.065, 568.080, 568.090, 568.175, 569.030, 569.035, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067, 569.072, 569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180, 570.223, 570.224, 570.310, 571.020, 571.030, 571.060, 571.063, 571.070, 571.072, 571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095, 575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 575.230, 575.240, 575.350, 575.353, 577.078, 577.703, 577.706, 578.008, 578.305, 578.310, or 632.520;
(7) Any offense eligible for expungement under section 577.054 or 610.130;
(8) Any intoxication-related traffic or boating offense as defined in section 577.001, or any offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition;
(9) Any ordinance violation that is the substantial equivalent of any offense that is not eligible for expungement under this section; and
(10) Any violations of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an individual who has been issued a commercial driver's license or is required to possess a commercial driver's license issued by this state or any other state.

Commentary on Subsection 2

This section lists all the different types of crimes that do not qualify.

610.140.3, Missouri Revised Statutes - Subsection 3

The petition shall name as defendants all law enforcement agencies, courts, prosecuting or circuit attorneys, municipal prosecuting attorneys, central state repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses, violations, and infractions listed in the petition. The court's order of expungement shall not affect any person or entity not named as a defendant in the action.

Commentary on Subsection 4

This subsection outlines who you need to name in your petition to expunge your conviction. You need to include basically every agency that was ever involved in the case. This is not just the police, the prosecutor, and the court, but also the state agencies that keep copies of the record. If a booking agency or multiple agencies in any of the other categories were involved, they need to be named as well. If you think someone in the Missouri government has a record about your case, you have to name them. When the order to expunge is given, it will only be enforceable against the agencies you name.

610.140.4, Missouri Revised Statutes - Subsection 4

The petition shall be dismissed if it does not include the following information:
(1) The petitioner's:
(a) Full name;
(b) Sex;
(c) Race;
(d) Driver's license number, if applicable; and
(e) Current address;
(2) Each offense, violation, or infraction for which the petitioner is requesting expungement;
(3) The approximate date the petitioner was charged for each offense, violation, or infraction; and
(4) The name of the county where the petitioner was charged for each offense, violation, or infraction and if any of the offenses, violations, or infractions occurred in a municipality, the name of the municipality for each offense, violation, or infraction; and
(5) The case number and name of the court for each offense.

Commentary on Subsection 4

This subsection details exactly what is required in a petition to expunge a record. If even a single one of these are missing, your petition will most likely be dismissed. Remember to include each and every qualifying charge in that county, because you only have one chance to file with that county in your entire life. Double check everything because one mistake will mean you have to wait at least one year before re-filing.

610.140.5, Missouri Revised Statutes - Subsection 5

The clerk of the court shall give notice of the filing of the petition to the office of the prosecuting attorney, circuit attorney, or municipal prosecuting attorney that prosecuted the offenses, violations, or infractions listed in the petition. If the prosecuting attorney, circuit attorney, or municipal prosecuting attorney objects to the petition for expungement, he or she shall do so in writing within thirty days after receipt of service. Unless otherwise agreed upon by the parties, the court shall hold a hearing within sixty days after any written objection is filed, giving reasonable notice of the hearing to the petitioner. If no objection has been filed within thirty days after receipt of service, the court may set a hearing on the matter and shall give reasonable notice of the hearing to each entity named in the petition. At any hearing, the court may accept evidence and hear testimony on, and may consider, the following criteria for each of the offenses, violations, or infractions listed in the petition for expungement:
(1) It has been at least seven years if the offense is a felony, or at least three years if the offense is a misdemeanor, municipal offense, or infraction, from the date the petitioner completed any authorized disposition imposed under section 557.011 for each offense, violation, or infraction listed in the petition;
(2) The person has not been found guilty of any other misdemeanor or felony, not including violations of the traffic regulations provided under chapters 304 and 307, during the time period specified for the underlying offense, violation, or infraction in subdivision (1) of this subsection;
(3) The person has satisfied all obligations relating to any such disposition, including the payment of any fines or restitution;
(4) The person does not have charges pending;
(5) The petitioner's habits and conduct demonstrate that the petitioner is not a threat to the public safety of the state; and
(6) The expungement is consistent with the public welfare and the interests of justice warrant the expungement.
A pleading by the petitioner that such petitioner meets the requirements of subdivisions (5) and (6) of this subsection shall create a rebuttable presumption that the expungement is warranted so long as the criteria contained in subdivisions (1) to (4) of this subsection are otherwise satisfied. The burden shall shift to the prosecuting attorney, circuit attorney, or municipal prosecuting attorney to rebut the presumption. A victim of an offense, violation, or infraction listed in the petition shall have an opportunity to be heard at any hearing held under this section, and the court may make a determination based solely on such victim's testimony.

Commentary on Subsection 5

This subsection details exactly what you need to prove in your petition. Once you can honestly say you have done everything in this list, you can file. Missouri does not make it automatic just because you meet the qualifications. The judge in your case may set a hearing. If a hearing is set, it has to be at least thirty (30) days after the day you filed, allowing all the different agencies time to respond. They will consider all the different things listed. The most important thing is how long you have to wait after completing your sentence - 3 years for a misdemeanor, municipal offense, or infraction, and 7 years for a felony.

610.140.6, Missouri Revised Statutes - Subsection 6

A petition to expunge records related to an arrest for an eligible offense, violation, or infraction may be made in accordance with the provisions of this section to a court of competent jurisdiction in the county where the petitioner was arrested no earlier than three years from the date of arrest; provided that, during such time, the petitioner has not been charged and the petitioner has not been found guilty of any misdemeanor or felony offense.

Commentary on Subsection 6

This subsection explains you have to make sure you have a completely clean record during that time, with no charges or convictions of a misdemeanor or felony.

610.140.7, Missouri Revised Statutes - Subsection 6

If the court determines that such person meets all the criteria set forth in subsection 5 of this section for each of the offenses, violations, or infractions listed in the petition for expungement, the court shall enter an order of expungement. In all cases under this section, the court shall issue an order of expungement or dismissal within six months of the filing of the petition. A copy of the order of expungement shall be provided to the petitioner and each entity possessing records subject to the order, and, upon receipt of the order, each entity shall close any record in its possession relating to any offense, violation, or infraction listed in the petition, in the manner established by section 610.120. The records and files maintained in any administrative or court proceeding in a municipal, associate, or circuit court for any offense, infraction, or violation ordered expunged under this section shall be confidential and only available to the parties or by order of the court for good cause shown. The central repository shall request the Federal Bureau of Investigation to expunge the records from its files.

Commentary on Subsection 7

This subsection explains what happens if a court enters an order of expungment. A copy of the order that says your record must be expunged will be sent to everyone you named in your petition. Those agencies will have to destroy any records they have related to your case. If they cannot physically destroy a record, they have to black it out so no one can see it. Even the mention of the fact you had a record expunged must be destroyed by everyone except for the courts. The courts records are to be kept confidential and only people authorized by a court order after showing good cause can have access to those records. The central repository will also go one step further, asking the FBI to expunge their records related to your case as well.

610.140.8, Missouri Revised Statutes - Subsection 8

The order shall not limit any of the petitioner's rights that were restricted as a collateral consequence of such person's criminal record, and such rights shall be restored upon issuance of the order of expungement. Except as otherwise provided under this section, the effect of such order shall be to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrests, pleas, trials, convictions, or expungement in response to an inquiry made of him or her and no such inquiry shall be made for information relating to an expungement, except the petitioner shall disclose the expunged offense, violation, or infraction to any court when asked or upon being charged with any subsequent offense, violation, or infraction. The expunged offense, violation, or infraction may be considered a prior offense in determining a sentence to be imposed for any subsequent offense that the person is found guilty of committing.

Commentary on Subsection 8

This subsection describes the after-effects of a successful petition to expunge. Any rights that you lost as a result of your conviction must be restored as soon as an order of expungement is handed down. Also, if you are ever asked if you were arrested or convicted of a crime, you can legally say "NO" without any legal problems. The only time you ever have to tell you had a record expunged is if you are charged with another crime. The expunged case(s) can be used to determine your sentence if you are convicted of that new crime.

610.140.9, Missouri Revised Statutes - Subsection 9

Notwithstanding the provisions of subsection 8 of this section to the contrary, a person granted an expungement shall disclose any expunged offense, violation, or infraction when the disclosure of such information is necessary to complete any application for:
(1) A license, certificate, or permit issued by this state to practice such individual's profession;
(2) Any license issued under chapter 313 or permit issued under chapter 571;
(3) Paid or unpaid employment with an entity licensed under chapter 313, any state-operated lottery, or any emergency services provider, including any law enforcement agency;
(4) Employment with any federally insured bank or savings institution or credit union or an affiliate of such institution or credit union for the purposes of compliance with 12 U.S.C. Section 1829 and 12 U.S.C. Section 1785;
(5) Employment with any entity engaged in the business of insurance or any insurer for the purpose of complying with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or other similar law which requires an employer engaged in the business of insurance to exclude applicants with certain criminal convictions from employment; or
(6) Employment with any employer that is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations.
An employer shall notify an applicant of the requirements under subdivisions (4) to (6) of this subsection. Notwithstanding any provision of law to the contrary, an expunged offense, violation, or infraction shall not be grounds for automatic disqualification of an applicant, but may be a factor for denying employment, or a professional license, certificate, or permit; except that, an offense, violation, or infraction expunged under the provisions of this section may be grounds for automatic disqualification if the application is for employment under subdivisions (4) to (6) of this subsection.

Commentary on Subsection 9

This subsection outlines the situations when you have to disclose the fact you have had your record expunged. It also requires an employer who requires disclosure under sub-subsections (4) to (6).

610.140.10, Missouri Revised Statutes - Subsection 10

A person who has been granted an expungement of records pertaining to a misdemeanor or felony offense, an ordinance violation, or an infraction may answer "no" to an employer's inquiry into whether the person has ever been convicted of a crime if, after the granting of the expungement, the person has no public record of a misdemeanor or felony offense, an ordinance violation, or an infraction. The person, however, shall answer such an inquiry affirmatively and disclose his or her criminal convictions, including any offense or violation expunged under this section or similar law, if the employer is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations.

Commentary on Subsection 10

This subsection makes clear that unless an employer's application questions fall under the exceptions listed above, a person who has had their record expunged can say "no" to any question regarding whether a person has been convicted of the charges under the petition.

610.140.11, Missouri Revised Statutes - Subsection 11

If the court determines that the petitioner has not met the criteria for any of the offenses, violations, or infractions listed in the petition for expungement or the petitioner has knowingly provided false information in the petition, the court shall enter an order dismissing the petition. Any person whose petition for expungement has been dismissed by the court for failure to meet the criteria set forth in subsection 5 of this section may not refile another petition until a year has passed since the date of filing for the previous petition.

Commentary on Subsection 11

This subsection explains what to do if your petition to expunge is dismissed. You will have to wait one full year - 12 months to the day - before you refile.

610.140.12, Missouri Revised Statutes - Subsection 12

A person may be granted more than one expungement under this section provided that during his or her lifetime, the total number of offenses, violations, or infractions for which orders of expungement are granted to the person shall not exceed the following limits:
(1) Not more than two misdemeanor offenses or ordinance violations that have an authorized term of imprisonment; and
(2) Not more than one felony offense.
A person may be granted expungement under this section for any number of infractions. Nothing in this section shall prevent the court from maintaining records to ensure that an individual has not exceeded the limitations of this subsection. Nothing in this section shall be construed to limit or impair in any way the subsequent use of any record expunged under this section of any arrests or findings of guilt by a law enforcement agency, criminal justice agency, prosecuting attorney, circuit attorney, or municipal prosecuting attorney, including its use as a prior offense, violation, or infraction.

Commentary on Subsection 12

This subsection outlines the lifetime limits to expungement. A person can expunge an unlimited number of infratctions, but only 2 misdemeanors and 1 felony. Furthermore, this subsection allows courts to keep records required to keep track of the number and type of crimes a person has had expunged.

610.140.13, Missouri Revised Statutes - Subsection 13

The court shall make available a form for pro se petitioners seeking expungement, which shall include the following statement: "I declare under penalty of perjury that the statements made herein are true and correct to the best of my knowledge, information, and belief."

Commentary on Subsection 13

This subsection requires that the government provide pro se forms for people who want to expunge their records without an attorney.

610.140.14, Missouri Revised Statutes - Subsection 14

Nothing in this section shall be construed to limit or restrict the availability of expungement to any person under any other law.

Commentary on Subsection 14

This subsection makes clear that the right to expunge a person's record is governed by this section and no other law can restrict that availability.

Section 488.650 of the Missouri Revised Statutes - Expungement cases under section 610.140, surcharge, amount.

488.650, Missouri Revised Statutes

There shall be assessed as costs a surcharge in the amount of two hundred fifty dollars on all petitions for expungement filed under the provisions of section 610.140. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs. Such surcharge shall be collected and disbursed by the clerk of the court as provided by sections 488.010 to 488.020. Moneys collected from this surcharge shall be payable to the general revenue fund.

Commentary on Section 488.650

This subsection sets up a $250 fee for any petition to expunge a conviction that is filed under 610.140. Sections 488.010 to 488.020 fovern how that fee is to be distributed among the various different government agencies.

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