Missouri Expungement Lawyer in Kansas City
Have you faced the lingering impact of a criminal record in Missouri? Whether it's a conviction, guilty plea, or even an arrest, the repercussions can unexpectedly disrupt your life, especially when seeking employment. But there's hope. Under Missouri law, many of these records can be expunged, meaning you can petition to have your case records sealed by the State.
Missouri's laws provide various pathways to expunge records of convictions, guilty pleas, arrests, and other criminal offenses. In most cases once the court approves your expungement request, you're no longer bound to disclose past convictions, freeing you from many of the offense's collateral consequences.
Examples of offenses that can be expunged include:
- Various property crimes like stealing, tampering, and property damage.
- Numerous traffic offenses, including some DWIs, driving while suspended, and cases involving accidents.
- Offenses related to controlled substances.
- Most misdemeanor assaults.
- Trespassing and Disorderly Conduct.
If you’d like to discuss your situation in order to determine the best option for you, please call 816-287-0172 to talk to a Missouri expungement lawyer now or use the form to schedule free consultation.
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Understanding Missouri's Expungement Laws Can Be Your Key to a Fresh Start
The recent updates to RSMo. 610.140 have opened new doors for many seeking to clear their records. Now, the waiting period before you can request expungement has been significantly reduced, and a wider range of offenses are eligible for expungement than ever before. Typically, you need to wait three years after completing all aspects of your felony sentence or one year for misdemeanors before filing for expungement.
When considering your petition, the judge will evaluate several crucial factors:
- No Subsequent Offenses: You should not have been found guilty of any other offenses, excluding minor traffic violations.
- Fulfillment of All Legal Obligations: This includes serving your sentence, completing probation or parole, and paying fines or restitution.
- No Pending Charges: At the time of your expungement petition, you should not have any ongoing criminal charges.
- Positive Conduct and Non-Threatening Behavior: Demonstrating that you are no longer a threat to public safety.
- Alignment with Public Welfare and Justice:
The expungement should serve the interests of justice and the public welfare.
While RSMo. 610.140 creates a presumption in favor of expungement, it ultimately leaves the decision to the judge's discretion. This is where the role of an experienced attorney becomes crucial. With my expertise in Missouri's expungement laws, I can guide you through this process, ensuring that every factor is addressed to enhance your chances of a successful expungement.
The Janssen Law Office, LLC
Personal Injury, DWI, Criminal Defense Lawyer In North Kansas City, Missouri
Hi, I’m Ben Janssen. Thank you for visiting my site. My practice is located in North Kansas City, Missouri, and serves the Kansas City Metro area and surrounding counties. If you’re reading my site, chances are you have questions about a legal matter. If so, don’t hesitate to call me at 816-287-0172 to discuss your case or use the form to schedule a free consultation.
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✓ Transparent Communication
✓ Successful Track Record
✓ Strategic Advocacy
✓ Personalized Attention
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Which Cases Cannot Be Expunged In Missouri?
While expungement offers a path to clearing your criminal record, it's important to know that not all offenses are eligible under Missouri law. Understanding these limitations is key to evaluating your options.
Ineligible offenses include:
(1) Class A felonies;
(2) Any dangerous felony as that term is defined in RSMo. 556.061;
(3) Any offense that requires registration as a sex offender;
(4) Felony offenses having death as an element of the offense;
(5) Felony Assault;
(6) Any charge of domestic violence;
(7) Felony kidnapping;
(8) numerous charges specifically excluded from the statute.
(9) Alcohol-related traffic offenses. (Though these offenses may be expungable under other Sections.)
(10) Driving offenses committed by holders of commercial drivers licenses.
(11) Some convictions for unlawful use of a weapon.
(12) Any other offense listed in the statute.
It's also crucial to know that RSMo. 610.140 limits the number of lifetime expungements to one felony or two misdemeanors. However, a unique aspect of this law allows for the possibility of expunging multiple charges in a single petition, which may still count as only one expungement.
Confused about where your charges fall? As a knowledgeable Missouri expungement lawyer, I can help clarify these complexities and guide you through the expungement process. Whether assessing your eligibility or navigating the legal intricacies, my goal is to provide you with a clear path to a cleaner record and a brighter future.
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