Expungement Petition - Preparation Worksheet - Missouri

IMPORTANT: PREPARATION WORKSHEET — NOT THE OFFICIAL FORM

Transfer accurate information to the current Missouri Courts CR360, Petition for
Expungement — Section 610.140, RSMo. Section 610.140 changed effective January 1,
2025. The current form correctly states the main waiting periods but retains an older
subsection reference; the live statute controls.

MISSOURI § 610.140 EXPUNGEMENT — CR360 PREPARATION WORKSHEET

1. COURT AND DEFENDANTS

A petition may be filed in a Missouri municipal, associate circuit, or circuit court where the person was charged or found guilty of a listed crime.

Name every person or entity reasonably believed to possess a record for each crime. An order does not affect a person or entity not named as a defendant.

☐ Circuit Court division: [DETAILS]

☐ Municipal division: [CITY / DETAILS]

☐ County sheriff: [COUNTY]

☐ Municipal police department: [AGENCY]

☐ Missouri State Highway Patrol, CJIS Division

☐ Prosecuting attorney, circuit attorney, or municipal prosecutor: [OFFICE]

☐ Missouri Department of Revenue, if it holds affected records

☐ Other record holder: [NAME / ADDRESS / BASIS]

2. PETITIONER AND CRIME INFORMATION — § 610.140.5

List every crime requested in this petition:

☐ Every listed crime occurred in Missouri and was prosecuted in a Missouri court.

☐ Every listed crime is included expressly; no unlisted record is assumed to be covered.

3. EXCLUSION SCREEN — § 610.140.3

Confirm the exact current charge and statute. Stop the § 610.140 analysis if any box applies. A crime is ineligible if it falls within a statutory exclusion, including:

☐ Class A felony.

☐ Dangerous felony as currently defined in § 556.061.

☐ Offense requiring sex-offender registration.

☐ Felony with death as an element.

☐ Felony assault, misdemeanor or felony domestic assault, or felony kidnapping.

☐ Offense listed, formerly listed, or succeeding an offense in chapter 566 or the citation-specific list in § 610.140.3(6).

☐ Offense eligible under § 610.130 or an intoxication-related traffic, boating, or aircraft offense excluded by § 610.140.3(7)–(8).

☐ Substantially equivalent ordinance violation.

☐ Commercial-driver motor-vehicle violation described in § 610.140.3(10).

☐ Ineligible § 571.030 offense.

Do not rely on a shortened historical exclusion list; the current statute contains added citations and successor-offense language.

4. SAME COURSE OF CRIMINAL CONDUCT — § 610.140.2(3)

☐ The listed crimes were committed as part of the same course of criminal conduct: [FACTS].

If supported, all related crimes may be included regardless of the lifetime limits and count only as the highest level for present and future eligibility. Do not group unrelated incidents merely because they were resolved together.

5. HEARING CRITERIA — § 610.140.6

For every listed crime:

☐ At least three years have passed since completion of the authorized disposition for a felony, or at least one year for a misdemeanor, municipal violation, or infraction.

☐ During that waiting period, petitioner was not found guilty of another misdemeanor or felony, excluding only the traffic-regulation violations identified in § 610.140.6(2).

☐ Every disposition obligation is satisfied, including fines and restitution.

☐ No charges are pending.

☐ Petitioner's habits and conduct demonstrate no threat to Missouri public safety.

☐ Expungement is consistent with public welfare and the interests of justice.

Pleading the final two criteria creates a rebuttable presumption when the first four are satisfied. The burden then shifts to the prosecutor to rebut the presumption. A victim has an opportunity to be heard, and continuing victim impact may rebut it.

6. ARREST-ONLY ROUTE — § 610.140.7

Complete only for an eligible arrest record without a later charge:

☐ At least 18 months have passed since arrest.

☐ Petitioner has not been charged during that period.

☐ Petitioner has not been found guilty of a misdemeanor or felony during that period.

☐ Filing is in a court of competent jurisdiction in the county of arrest.

7. CURRENT LIFETIME LIMITS — § 610.140.13

The January 1, 2025 limits are:

• not more than three misdemeanor offenses or ordinance violations carrying an authorized term of imprisonment;
• not more than two felony offenses; and
• any number of infractions.

Do not use the former one-felony/two-misdemeanor limits still shown in some court-page explanatory text.

8. NOTICE, HEARING, AND DECISION

• The clerk gives filing notice to the prosecuting office.
• A prosecutor objection must be written and filed within 30 days after service.
• Unless the parties agree otherwise, the court must hold a hearing within 60 days after a written objection.
• If no objection is filed within 30 days, the court may set a hearing and must give reasonable notice to each named entity; the statute does not impose the old claimed 30-day no-objection hearing deadline.
• The court must issue an expungement order or dismissal within six months after filing.

Follow the clerk's current summons, filing-information-sheet, service, cost, and local-order procedures. CR360 does not include the custom certificate of service or notarization that appeared in the prior template; it uses the statutory penalty-of-perjury declaration.

9. FILING COST WARNING

Do not tender the former statutory $250 surcharge without checking current costs. The Revisor's version table shows former § 488.650 ended August 28, 2023. Confirm the current filing fee and any waiver procedure with the filing court.

10. EFFECT AND DISCLOSURE

Upon a qualifying order, named record holders close the covered records under § 610.120. The order generally restores civil rights and permits the person to treat the covered events as not having occurred, subject to the statute's exceptions.

The person must disclose the expunged crime to a court when asked or when charged with a later crime. Section 610.140.10 also requires disclosure for specified professional licenses, chapter 313 or 571 licenses or permits, gaming/lottery/emergency-services employment, covered financial-institution employment, covered insurance employment, and other employment where federal or state law requires exclusion based on specified convictions. Apply the employer-inquiry rule in subsection 11 precisely.

11. SIGNATURE

I declare under penalty of perjury that the statements made herein are true and correct
to the best of my knowledge, information, and belief.

OFFICIAL SOURCES

• Current RSMo § 610.140: https://revisor.mo.gov/main/OneSection.aspx?section=610.140
• Current RSMo § 556.061: https://revisor.mo.gov/main/OneSection.aspx?section=556.061
• Current CR360 and Missouri Courts expungement forms: https://www.courts.mo.gov/page.jsp?id=191585
• Direct current CR360: https://www.courts.mo.gov/file.jsp?id=56341