PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS

(§ 610.140, Mo. Rev. Stat.)

[// GUIDANCE: This template is formatted for use in any Missouri Circuit Court. Confirm county-specific local rules—including page limits, filing fees, service requirements, and hearing settings—before finalizing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations
4. Representations & Warranties
5. Prayer for Relief
6. Verification
7. Certificate of Service
8. Proposed Order

Page numbers to be inserted upon final formatting.

1. DOCUMENT HEADER

text
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI

In Re: )
)
The Matter of the Expungement of )
Criminal Records of ) Case No. [____]
)
[PETITIONER’S FULL LEGAL NAME], ) Division [__]
Petitioner. )

PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS
(Mo. Rev. Stat. § 610.140 – Criminal Offense)
Effective Date of Petition: [DATE OF FILING]

Jurisdiction: Missouri state criminal court pursuant to § 610.140, Mo. Rev. Stat.

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

• “Eligible Offense” means any misdemeanor, felony, infraction, or municipal offense not statutorily excluded from expungement under § 610.140.2, Mo. Rev. Stat.
• “Record(s)” means all arrest, plea, trial, conviction, and sentence documentation—including computerized criminal history—pertaining to the Eligible Offense(s).
• “Repository Agency” means each court, law-enforcement agency, prosecuting authority, or private entity identified in Section 3.10 that may maintain or disseminate the Record(s).
• “Waiting Period” means three (3) years from completion of sentence for misdemeanors/infractions and ten (10) years for felonies, as prescribed by § 610.140.5(1) & (2), Mo. Rev. Stat.

[// GUIDANCE: Add or remove defined terms as necessary. Ensure consistent capitalization throughout.]

3. OPERATIVE ALLEGATIONS

(Statutorily Required Content – § 610.140.4)

3.1 Venue & Jurisdiction. Petitioner was convicted in [COUNTY] County, Missouri, and files this Petition in the court “in which the petitioner was found guilty” pursuant to § 610.140.4, Mo. Rev. Stat.

3.2 Identifying Information.
a. Petitioner’s Full Name: [_]
b. Date of Birth: [MM/DD/YYYY]
c. Last Four Digits of SSN: [_]
d. Driver License No.: [____] (if applicable)

3.3 Offense(s) Sought to Be Expunged.
• Offense Description: [e.g., Stealing – Class A Misdemeanor]
• Statute/Ordinance Violated: [_]
• Case Number: [_]
• Date of Arrest: [MM/DD/YYYY]
• Disposition Date: [MM/DD/YYYY]
• Sentence Completion Date: [MM/DD/YYYY]

[// GUIDANCE: List each offense in identical sub-paragraph format. Attach Schedule “A” if more space is required.]

3.4 Statutory Eligibility. Petitioner affirms that the offense(s) identified in § 3.3 are Eligible Offense(s) under § 610.140.2 because:
a. None involves a Class A felony, dangerous felony, sex offense, domestic assault, or any other excluded category; and
b. No pending charges exist against Petitioner, nor has Petitioner been found guilty of any additional offense during the Waiting Period, except minor traffic violations.

3.5 Waiting Period Compliance. The statutorily prescribed Waiting Period has fully elapsed for each Eligible Offense set forth above.

3.6 Restitution & Fines. All court-ordered restitution, fines, and costs associated with the Eligible Offense(s) are paid in full.

3.7 Habits & Conduct. Petitioner’s habits and conduct demonstrate that Petitioner is not a threat to public safety and that expungement is consistent with the public welfare.

3.8 Employment & Rehabilitation (Optional).
• Current Employer: [_]
• Community Involvement/Rehabilitation Efforts: [_]

3.9 Prior Expungements. Petitioner has not previously received more than one expungement for a misdemeanor or more than one expungement for a felony under § 610.140.

3.10 Repository Agencies. Pursuant to § 610.140.4, the following agencies are believed to possess Record(s):

3.11 Notice of Filing Fee. Petitioner acknowledges the statutory filing fee of $250 pursuant to § 488.650, Mo. Rev. Stat., or has filed a motion to proceed in forma pauperis concurrently herewith.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy. Petitioner represents that all facts set forth herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
4.2 No Concealment. Petitioner has not intentionally concealed or failed to disclose any material information bearing on eligibility for expungement.

5. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

A. Enter an Order expunging and sealing all Record(s) relating to the Eligible Offense(s) identified herein;
B. Direct each Repository Agency listed in Section 3.10, and any other agency or private entity subject to § 610.140, to permanently close and seal said Record(s);
C. Declare that, upon issuance of the Order, the matter shall be deemed not to have occurred, and Petitioner may lawfully deny the existence of the Record(s) except as provided in § 610.140.9;
D. Grant such further relief as the Court deems just and proper.

6. VERIFICATION

text
STATE OF MISSOURI )
) ss.
COUNTY OF [COUNTY] )

I, [PETITIONER’S NAME], being first duly sworn, state under penalty of perjury that I am the Petitioner in the foregoing matter; that I have read the foregoing Petition for Expungement and know the contents thereof; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

______ Date: __
[PETITIONER’S SIGNATURE]

Subscribed and sworn before me this ___ day of __, 20_.

Notary Public
My Commission Expires: ____

7. CERTIFICATE OF SERVICE

I certify that on this ___ day of __, 20_, a true and correct copy of the foregoing Petition, together with any attachments, was served upon the following by [method of service—e.g., U.S. Mail, certified, return receipt requested] pursuant to Missouri Supreme Court Rule 43.01:

• [PROSECUTING ATTORNEY’S OFFICE]
• [ARRESTING AGENCY]
• [ANY ADDITIONAL ENTITY REQUIRED BY LOCAL RULE]

[ATTORNEY NAME], Missouri Bar No. [#######]
Counsel for Petitioner

8. PROPOSED ORDER

text
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI

In Re: Expungement of Criminal Records of )
) Case No. [____]
[PETITIONER’S NAME], )
Petitioner. )

ORDER OF EXPUNGEMENT AND SEALING OF RECORDS

Having considered Petitioner’s duly-filed Petition for Expungement under § 610.140, Mo. Rev.
Stat., the Court finds that:

1. Statutory jurisdiction and venue are proper.
2. Petitioner satisfies all eligibility criteria of § 610.140.
3. Expungement is consistent with the public welfare.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

A. All arrest, plea, trial, conviction, and sentence records relating to the offense(s) listed in the Petition are hereby EXPUNGED and SEALED;
B. Each Repository Agency identified in the Petition, together with any custodian of such Record(s), shall permanently close and seal said Record(s) within thirty (30) days of service of this Order;
C. As of the date of this Order, the subject matter of the Record(s) shall be deemed not to have occurred, and Petitioner may lawfully deny its existence, except as provided by § 610.140.9;
D. Costs are assessed against Petitioner / waived (circle one).

So ORDERED this ___ day of __, 20_.

JUDGE [____]
Circuit Court of [COUNTY] County, Missouri
[// GUIDANCE: Local practice often requires the Proposed Order to be filed as a separate document; confirm with the clerk.]

ATTORNEY SIGNATURE BLOCK

text
Respectfully submitted,

[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [_]
Email: [_]

By: ______
[ATTORNEY NAME], Missouri Bar No. [#######]
Counsel for Petitioner

END OF TEMPLATE

[// GUIDANCE:
1. Double-check all statutory citations and local rule references immediately before filing, as Missouri’s expungement statute is periodically amended.
2. Always attach certified proof of payment or a granted fee-waiver order.
3. Serve all listed agencies promptly; failure to perfect service can delay the hearing.
4. Calendar the expected hearing date (generally 30–60 days post-filing, depending on docket).]