Expungement / Record Sealing Petition and Eligibility Memo — Missouri

Expungement / Record Sealing Petition and Eligibility Memo (MISSOURI)

Quick-Reference Summary

PART A — ELIGIBILITY MEMO

MEMORANDUM

TO: [CLIENT]
FROM: [ATTORNEY]
DATE: [__/__/____]
RE: Eligibility for Statutory Expungement Under RSMo § 610.140
PRIVILEGED & CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION / WORK PRODUCT

I. Executive Summary

Missouri's primary statutory expungement remedy is RSMo § 610.140, enacted by Senate Bill 588 (2016), effective January 1, 2018, and further amended in 2019 and 2021. The statute permits expungement of arrests, pleas, trials, and convictions for a broad range of misdemeanors, felonies, infractions, and municipal ordinance violations, subject to (i) offense-specific categorical exclusions in § 610.140.3, (ii) waiting periods (1 year for misdemeanors/ordinance violations/infractions; 3 years for felonies) measured from completion of all aspects of the sentence, and (iii) a strict lifetime cap: one felony, two misdemeanors or ordinance violations, and unlimited infractions per § 610.140.12. Alcohol-related driving offenses are NOT eligible under § 610.140 but are subject to a separate one-time, 10-year expungement under § 610.130. Underage-alcohol offenses are governed by § 311.326. A petition must be filed in the court where the person was charged or found guilty, with all entities believed to hold records named as defendants, and is subject to a statutory $250 surcharge.

II. Governing Law

1. RSMo § 610.140 — Primary statutory expungement.
2. RSMo § 610.140.2(3) — Same-course-of-criminal-conduct rule; permits grouping related offenses in one petition; counts only as the highest-level offense for future eligibility.
3. RSMo § 610.140.3 — Long list of categorically ineligible offenses.
4. RSMo § 610.140.5 — Waiting periods (1 year misdemeanor; 3 years felony).
5. RSMo § 610.140.7 — Court considerations at hearing (date, severity, age, evidence of rehabilitation, victim impact, public safety).
6. RSMo § 610.140.9 — Mandatory disclosure carve-outs (certain financial-institution, healthcare, criminal-justice, and firearms-related applications).
7. RSMo § 610.140.11 — $250 surcharge.
8. RSMo § 610.140.12 — Lifetime cap.
9. RSMo § 610.130 — Separate one-time, 10-year expungement for alcohol-related driving/boating offenses.
10. RSMo § 311.326 — Separate expungement for underage-alcohol offenses.
11. RSMo § 556.061 — Definition of "dangerous felony."
12. Mo. Const. art. I, § 35 (Amendment 3, eff. Dec. 8, 2022) — Constitutional expungement framework for certain cannabis offenses (distinct from § 610.140).

III. Section 610.140 Eligibility Checklist

IV. Categorical Exclusions (§ 610.140.3)

The following offenses are NOT eligible for § 610.140 expungement:

1. Class A felonies;
2. Dangerous felonies as defined in § 556.061 (including murder, rape, robbery in the first degree, arson, kidnapping with serious bodily injury, etc.);
3. Any offense requiring registration as a sex offender;
4. Felony offenses where death is an element;
5. Felony offense of assault;
6. Misdemeanor or felony domestic assault;
7. Felony kidnapping;
8. All offenses in Chapter 566 (sexual offenses);
9. Numerous enumerated offenses including (non-exhaustive):
   - § 565.120 (false imprisonment); § 565.130 (interference with custody); § 565.156 (parental abduction);
   - § 568.020 (incest); § 568.030 (abandonment of a child); § 568.045 / § 568.060 / § 568.065 (child endangerment / abuse);
   - § 569.040 (arson, 1st degree); § 569.050 (arson, 2nd degree); § 569.160 (burglary, 1st degree);
   - § 571.020 (firearms; possession of certain weapons); § 571.060 / § 571.063 / § 571.070 / § 571.072;
   - § 573.200 / § 573.205 (child pornography);
   - § 105.454; § 105.478; § 115.631; § 130.028; § 188.030; § 188.080; § 191.677; § 194.425; § 217.385; § 334.245; § 375.991; § 389.653; § 455.085; § 455.538; § 557.035; § 574.070; § 574.105; § 574.115; § 574.120; § 574.130 (varied statutory offenses).

PRACTICE NOTE: The exclusion list in § 610.140.3 is updated regularly by the General Assembly. Counsel must consult the current statute on revisor.mo.gov before filing. Some offenses formerly excluded (e.g., stealing offenses under § 570.030) were made eligible by the Aug. 28, 2019 amendments.

V. Same-Course-of-Conduct Rule (§ 610.140.2(3))

When crimes were committed as part of the same course of criminal conduct, the petitioner may include all related crimes in one petition regardless of the lifetime cap, and those related crimes count only as the highest-level offense for purposes of future eligibility.

STRATEGIC POINT: This is a powerful planning tool. If a client has, e.g., one incident giving rise to 4 misdemeanor charges plus 1 felony charge, all may be expunged in a single petition AND will count as only one felony toward the lifetime cap — preserving the right to expunge two future, unrelated misdemeanors.

VI. Waiting Periods (§ 610.140.5)

"Completion of sentence" means:

• Full discharge from probation or parole;
• Payment of all fines, costs, fees, and restitution;
• Completion of any required community service, treatment, classes, or other conditions.

VII. Lifetime Cap (§ 610.140.12)

A person may have expunged under § 610.140:

• One (1) felony conviction, AND
• Two (2) misdemeanors or municipal ordinance violations that could have resulted in imprisonment, AND
• Unlimited infractions.

Exception: Offenses committed in the same course of criminal conduct count only as the highest-level offense for cap purposes.

VIII. Court Factors at Hearing (§ 610.140.7)

The court may consider:

(a) Date of offense and elapsed time;
(b) Severity of offense and circumstances;
(c) Petitioner's age at time of offense;
(d) Evidence of rehabilitation, including employment, education, treatment completion;
(e) Petitioner's criminal-history record overall;
(f) Victim impact;
(g) Public-safety considerations;
(h) Reasons offered by petitioner;
(i) Any other factor the court deems relevant.

The court "may" expunge — the decision is discretionary even when all statutory prerequisites are met.

IX. Effect of Expungement (§ 610.140.8)

Upon expungement, the petitioner may state under oath that he or she "has not been convicted" of the expunged crime — except in the contexts identified in § 610.140.9, which require continued disclosure:

(a) Applications for federal/state/local employment as a peace officer or in another criminal-justice agency;
(b) Applications for licensure to carry concealed firearms;
(c) Applications for employment with a financial institution that requires disclosure under federal law;
(d) Certain Department of Mental Health or Department of Health and Senior Services applications;
(e) Federal firearms applications (NFA, 4473);
(f) Other contexts where disclosure is required by federal law.

X. Alcohol-Related Driving Offenses (§ 610.130) — Separate Track

Alcohol-related driving and boating offenses (DWI, DUI, BWI) are NOT eligible under § 610.140. They are governed by RSMo § 610.130, which permits one-time expungement after a 10-year waiting period for a first-time offender with no subsequent alcohol-related convictions.

XI. Strategic Recommendation

[ATTORNEY MUST CUSTOMIZE — sample language follows.]

Based on the Missouri State Highway Patrol record dated [__/__/____] and Case.net review:

1. Step 1: Pull MSHP record AND Case.net history for petitioner across all counties of arrest/conviction. Verify each offense by statutory citation (charge at disposition controls, not original charge).
2. Step 2: Map each offense against § 610.140.3 exclusion list using the current statute.
3. Step 3: Group same-course-of-conduct offenses for inclusion in single petitions.
4. Step 4: Confirm all sentences fully completed (probation discharge, fines paid, restitution paid) and obtain documentation.
5. Step 5: Apply lifetime cap: identify which offenses to expunge in this petition (preserving expungement budget for any future need).
6. Step 6: For alcohol-related driving offenses, evaluate separately under § 610.130 (10-year wait, one-time).
7. Step 7: File petitions in court(s) of charge/conviction with all record-holders named as defendants.

PART B — PETITION TEMPLATE

IN THE [CIRCUIT / ASSOCIATE CIRCUIT / MUNICIPAL] COURT OF [COUNTY] COUNTY, MISSOURI

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PURSUANT TO RSMo § 610.140

COMES NOW the Petitioner, [PETITIONER NAME], by counsel, and pursuant to RSMo § 610.140, hereby petitions this Court for expungement of the records identified below, and in support states:

I. Petitioner Information

1. Full legal name: [NAME]
2. Date of birth: [__/__/____]
3. Social Security Number: [XXX-XX-XXXX]
4. Current address: [ADDRESS]
5. Aliases / other names used: [LIST OR "NONE"]

II. Case(s) and Offense(s) Sought to Be Expunged

6. Petitioner seeks expungement of the records of arrest, plea, trial, and/or conviction in the following matter(s):

7. ☐ Each listed offense was committed within the State of Missouri and prosecuted in a Missouri court.

8. ☐ All listed offenses were committed as part of the same course of criminal conduct (RSMo § 610.140.2(3)) [STRIKE IF NOT APPLICABLE].

III. Statutory Eligibility (§ 610.140.3 — Excluded Offenses)

9. None of the offenses sought to be expunged is:
   - ☐ A class A felony;
   - ☐ A dangerous felony as defined in § 556.061;
   - ☐ An offense requiring sex-offender registration;
   - ☐ A felony where death is an element;
   - ☐ A felony assault, misdemeanor or felony domestic assault, or felony kidnapping;
   - ☐ Any offense listed in § 610.140.2(2)–(3) (sex offenses, child endangerment, arson 1st, burglary 1st, firearms offenses, child pornography, etc.).

IV. Waiting Period (§ 610.140.5)

10. Petitioner avers:
    - ☐ For each felony listed, at least three (3) years have passed since completion of sentence; OR
    - ☐ For each misdemeanor / municipal ordinance violation / infraction listed, at least one (1) year has passed since completion of sentence.

11. Completion of sentence includes: full discharge from probation/parole; payment of all fines, costs, fees, and restitution; completion of all conditions of sentence. Proof attached as Exhibit A.

V. No Pending Charges

12. ☐ No criminal charges are currently pending against Petitioner.

VI. Lifetime Cap (§ 610.140.12)

13. Petitioner has NOT previously had expunged under § 610.140:
    - ☐ More than zero (0) prior felony convictions; AND
    - ☐ More than one (1) prior misdemeanor or municipal ordinance violation (if seeking misdemeanor/ordinance expungement).

OR Petitioner avers that all offenses sought to be expunged were committed as part of the same course of criminal conduct and therefore are not subject to the lifetime cap (§ 610.140.2(3)).

VII. Facts and Circumstances (§ 610.140.7 Factors)

14. Petitioner offers the following facts in support of expungement:

(a) Date of offense / elapsed time: [DATE; YEARS ELAPSED]
(b) Petitioner's age at time of offense: [AGE]
(c) Circumstances of the offense: [BRIEF DESCRIPTION]
(d) Evidence of rehabilitation:

• Current employment: [EMPLOYER / POSITION / DURATION]
• Education: [DEGREES / CERTIFICATIONS]
• Treatment / counseling completed: [PROGRAM / DATES]
• Community service / volunteer work: [DESCRIPTION]
• Family responsibilities: [DESCRIPTION]
  (e) No subsequent convictions during applicable waiting period.
  (f) Specific need / habitual hardship caused by the record: [EMPLOYMENT / HOUSING / LICENSING / OTHER]

VIII. Service of Process

15. Petitioner has named as Respondents all entities believed to have records relating to the listed offenses, in accordance with § 610.140.2.

IX. Supporting Exhibits

16. Attached:
    - ☐ Exhibit A — Proof of sentence completion (probation discharge order; receipt for all financial obligations)
    - ☐ Exhibit B — Missouri State Highway Patrol criminal-history record
    - ☐ Exhibit C — Case.net docket sheets for each case
    - ☐ Exhibit D — Petitioner's affidavit
    - ☐ Exhibit E — Letters of support
    - ☐ Exhibit F — Proof of rehabilitation (employment records, treatment completion certificates, etc.)
    - ☐ Exhibit G — Proposed order
    - ☐ Exhibit H — $250 surcharge per § 610.140.11 (or motion for indigency waiver)

X. Prayer for Relief

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

(a) Set this matter for hearing as required by § 610.140;
(b) Find Petitioner eligible for expungement under § 610.140;
(c) Order:
(1) The Court Clerk to expunge all court records relating to the case(s) identified above;
(2) The Missouri State Highway Patrol, Criminal Justice Information Services Division to expunge its records;
(3) The arresting law-enforcement agency to expunge its records;
(4) The prosecuting attorney's office to expunge its records;
(5) Any other entity in possession of records to expunge same;
(d) Order that Petitioner may answer "no" to questions regarding the expunged conviction(s), subject to the disclosure requirements of § 610.140.9;
(e) Grant such further relief as is just and proper.

VERIFICATION

I, [PETITIONER NAME], being duly sworn, depose and state that the foregoing is true and correct to the best of my knowledge and belief.

Signed: _________________________________
[PRINTED NAME], Petitioner

Subscribed and sworn before me this ____ day of __________, 20____.

_________________________________
Notary Public

Respectfully submitted,

_________________________________
[ATTORNEY NAME], Mo. Bar No. [____]
[FIRM NAME]
[ADDRESS]
[PHONE / EMAIL]
Counsel for Petitioner

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Petition was served on this ____ day of __________, 20____, upon all named Respondents at the addresses listed in the case caption, via [METHOD].

_________________________________
[ATTORNEY NAME]

PART C — FILING CHECKLIST

C.1 — Pre-Filing Diligence

☐ Pull Missouri State Highway Patrol criminal-history record (https://www.mshp.dps.missouri.gov/CJ38/)
☐ Pull complete Case.net history (https://www.courts.mo.gov/casenet/)
☐ Identify every Missouri offense (state, county, municipal)
☐ Confirm charge at disposition (not original charge — § 610.140 looks at disposition charge)
☐ Map each offense against § 610.140.3 exclusion list using current revisor.mo.gov version
☐ Verify each waiting period (1 yr misdemeanor / 3 yrs felony / 10 yrs alcohol-related under § 610.130)
☐ Confirm all probation/parole fully discharged
☐ Confirm all fines, costs, fees, restitution paid in full (obtain receipts)
☐ Confirm no pending criminal charges in any jurisdiction
☐ Confirm lifetime-cap budget (one felony, two misdemeanors/ordinance violations)
☐ Identify same-course-of-conduct offenses for grouping under § 610.140.2(3)

C.2 — Strategy & Petition Allocation

☐ Determine which offenses to expunge NOW vs. preserve for future expungement budget
☐ Identify county(ies) of conviction and court(s) of disposition
☐ Identify all record-holders (MSHP, arresting agency, court clerk, prosecutor, probation)
☐ Determine whether to file separate petitions for separate incidents OR combine related offenses

C.3 — Document Assembly

☐ Verified petition (Part B above)
☐ MSHP criminal-history record
☐ Case.net docket sheets for each case
☐ Probation discharge order (or certificate of release from supervision)
☐ Receipts for fines, costs, fees, restitution
☐ Petitioner's affidavit
☐ Letters of support (3–5 recommended)
☐ Rehabilitation evidence (employment, education, treatment certificates)
☐ Proposed order
☐ $250 surcharge check OR motion for indigency waiver

C.4 — Filing

☐ File in court where petitioner was charged or found guilty
☐ Name as Respondents ALL entities believed to hold records (MSHP, arresting agency, prosecutor, court clerk, probation)
☐ Pay $250 surcharge per § 610.140.11
☐ Serve all Respondents via certified mail or service of process
☐ File certificate of service

C.5 — Post-Filing

☐ Calendar 30-day Respondent objection window
☐ If objection filed: hearing within 60 days
☐ If no objection: hearing within 30 days of service
☐ Prepare for hearing — bring MSHP record, financial-obligation receipts, supporting documents
☐ Be prepared to address all § 610.140.7 factors
☐ Upon grant: confirm MSHP expungement; confirm court clerk expungement; confirm arresting agency expungement
☐ Provide certified copy of order to client

C.6 — Post-Expungement Counseling

☐ Petitioner may answer "no" to questions about expunged convictions, EXCEPT in contexts identified in § 610.140.9:

• Peace-officer/criminal-justice-agency employment
• Concealed-carry permit applications
• Federal firearms applications (NFA, ATF 4473)
• Banking/financial-institution employment requiring federal disclosure
• Certain DMH / DHSS employment
  ☐ Provide client with certified order
  ☐ Advise client to submit certified order to private background-check vendors
  ☐ Remind client of LIFETIME CAP — future expungement opportunities are limited

C.7 — Denial / Re-Filing

☐ If petition denied: petitioner may re-file after one (1) year per § 610.140
☐ Consider appeal if denial was legally erroneous

SOURCES AND REFERENCES

• RSMo § 610.140 (Expungement): https://revisor.mo.gov/main/OneSection.aspx?section=610.140
• RSMo § 610.130 (Alcohol-related expungement): https://revisor.mo.gov/main/OneSection.aspx?section=610.130
• RSMo § 311.326 (Underage alcohol expungement): https://revisor.mo.gov/main/OneSection.aspx?section=311.326
• RSMo § 556.061 (Dangerous felony definition): https://revisor.mo.gov/main/OneSection.aspx?section=556.061
• Mo. Const. art. I, § 35 (Amendment 3 — cannabis expungement): https://revisor.mo.gov/main/OneSection.aspx?section=I+S+35&bid=49997
• Missouri Courts Expungement Petition Form: https://www.courts.mo.gov/page.jsp?id=191585
• Missouri Bar Journal, "Expunging a criminal conviction in Missouri": https://news.mobar.org/expunging-a-criminal-conviction-in-missouri-lessons-learned/
• Missouri Lawyers Help, "Understanding Missouri's New Expungement Law": https://missourilawyershelp.org/legal-topics/understanding-missouris-new-expungement-law/
• Missouri State Highway Patrol criminal record request: https://www.mshp.dps.missouri.gov/CJ38/
• Missouri Case.net: https://www.courts.mo.gov/casenet/
• S.B. 588 (2016 session — original enactment): https://www.senate.mo.gov/16info/pdf-bill/tat/SB588.pdf
• S.B. 53 (2021 session — amendments): https://www.senate.mo.gov/21info/pdf-bill/tat/SB53.pdf