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Expungements & Record Sealing
A Fresh Start Under Missouri’s Modern Expungement Law
Second chances are real in Missouri. The legislature has steadily broadened and streamlined expungement. The law provides clearer than ever paths to seal past mistakes, restore civil rights, and unlock opportunities in work, housing, licensing, and education. At Scrivner Law Firm, we have guided clients across Taney, Stone, and Christian Counties through this process, drawing on attorney Dayrell Scrivner’s perspective as a former prosecutor to anticipate objections and position petitions for success. When your future sits next to an old file in a courthouse or database, details matter. We handle those details.
What Expungement Does in Missouri
An expungement order removes the public record of an eligible arrest, charge, plea, trial, or conviction and restores the petitioner to the legal status they held before that event. Under section 610.140, RSMo, an order fully restores the civil rights the record restricted, including the right to vote, hold public office, and serve on a jury. The statute also clarifies when a person can lawfully answer “no” to job or licensing questions about past arrests or convictions. Certain applications still require disclosure, and law enforcement and courts retain limited nonpublic access for defined purposes. We explain those limits before you file so there are no surprises later.
Special Missouri Expungement Pathways
First misdemeanor DWI
Missouri allows a one time expungement for a first misdemeanor alcohol related driving offense after a ten year waiting period with no subsequent alcohol related driving convictions. This is codified in section 577.054, RSMo. It does not apply to commercial drivers or to felony intoxication related offenses. A successful order removes all official recordations of the arrest, plea, trial, or conviction from the criminal and driver records for that case.
Minor in possession of alcohol
Section 311.326, RSMo, allows a first time minor in possession expungement after reaching age twenty one or one year from disposition, whichever comes first, if there have been no other alcohol related enforcement contacts. This is a powerful remedy that statutorily restores the person to pre case status and permits a lawful “no” answer to inquiries about the MIP.
Arrests based on false information and no probable cause
Sections 610.122 and 610.123 address arrests based on false information where additional conditions are met. These are older provisions that predate the broader conviction expungement statute. Today, many non-conviction arrests can also be handled within section 610.140, which now expressly sets an 18 month waiting period from the date of arrest when no charges were filed and no new offenses occurred.
Marijuana expungements under Amendment 3
Article XIV of the Missouri Constitution directs courts to expunge certain marijuana offenses that are no longer crimes. Misdemeanor marijuana records for eligible cases were to be expunged by June 8, 2023, and eligible felonies by December 8, 2023, with separate mechanisms for people still under sentence. Not every case touching marijuana qualifies. The Missouri Supreme Court has recently held that an unlawful use of a weapon conviction based on possessing a firearm while knowingly in possession of a controlled substance is not an expungable “marijuana offense” under Amendment 3. That decision underscores how fact specific this area is and why careful charge and statute analysis matters before filing.
Suspended Imposition of Sentence and “Record Closure” vs. Expungement
In Missouri, a suspended imposition of sentence, or SIS, is not a conviction if you successfully complete the term. Court records become closed to the public under sections 610.105 and 610.120, but they are not erased. Employers with statutory access, law enforcement, and courts can still see them. Expungement is different. It removes public access across agencies and triggers the restoration language in section 610.140. When you come to us with an SIS, we evaluate whether pursuing expungement adds value beyond the automatic closure that already occurred.
The Process, Step by Step
Where to file and what to include
You file in the county where you were charged or found guilty for each offense. Your verified petition must list every offense you seek to expunge, identify each court and case number, and name as defendants every agency likely to hold a record. That often includes the arresting agency, the prosecuting office, the court clerk, and the Missouri State Highway Patrol Criminal Justice Information Services Division.
Notice, timelines, and hearings
The prosecutor has 30 days after service to object. If there is an objection, the court holds a hearing within 60 days. If there is no objection, the court may still set a hearing and must give notice to every named entity. By statute, courts must issue an order granting or dismissing the petition within six months of filing. We prepare your evidence, including proof of completed disposition, payment of obligations, and evidence of rehabilitation and community standing, then handle the hearing.
Fingerprints and background checks
Missouri requires petitioners to submit fingerprints on a standard card when filing, which are forwarded to the central repository to confirm identity. This step prevents misidentification and is an easy place for self represented petitions to stall. We coordinate the fingerprinting and ensure compliance so your case stays on track.
Fees and indigency
There is a $250 surcharge for filing under section 610.140. Judges can waive that surcharge if a petitioner is indigent. Courts also provide pro se forms, but a careful, attorney prepared petition reduces errors, speeds service, and anticipates objections.
What happens after the order
If the court grants expungement, each named agency must close the record in its possession. The State Highway Patrol requests the FBI to expunge its corresponding entries. You can lawfully answer “no” in most employment contexts once the order is effective, subject to the limited disclosure rules in the statute for banking, insurance, gaming, law enforcement, and other positions governed by federal or state exclusions. We provide clients with a plain language letter summarizing disclosure rules tailored to their work or licensing goals.
How Expungement Affects Background Checks, Licensing, and Firearms
Section 610.140 now states that expungement fully restores civil rights and clarifies the effect of expungement for certain federal disqualifications, while preserving specific disclosure obligations. For most private employment, you can answer “no” to criminal history questions once your record is expunged and there is no public record of a crime. For positions in banking, insurance, gaming, emergency services, or where another law requires exclusion of applicants with specific convictions, disclosure is still required and an expunged offense can be a factor. Courts and law enforcement may access expunged records for limited purposes, and an expunged conviction can still count as a prior in future sentencing. If firearm rights are part of your goals, we will analyze not only Missouri law but how federal law may treat the exact offense and the language in your order.
Frequently Asked Questions
Can I file today or should I wait?
We will check the date you completed your sentence, the nature of each offense, and whether any part of your record is still open. Filing early can lead to dismissal and a one year wait to refile. We would rather submit once and win.
Can I expunge a DWI?
A first misdemeanor alcohol related driving offense may be expunged once, after ten years without another alcohol related driving conviction, under section 577.054. Other intoxication related driving or boating offenses are excluded from the general expungement law.
Will an SIS make expungement unnecessary?
Sometimes. SIS closure restricts public access to the court file, but expungement under section 610.140 can provide broader, statute based restoration and clearer rules about what you must disclose to employers or licensing boards. We evaluate both routes.
How long does the court take?
Missouri courts must issue an order granting or denying within six months of filing. Objections, scheduling, and service issues can affect how quickly a particular case moves within that window. We set the petition up to minimize delays.
What if my record includes a weapons count tied to marijuana?
After the Missouri Supreme Court’s 2025 decision in C.S., those weapon counts are not treated as expungable “marijuana offenses” under Amendment 3. We look for other legal bases or sequence requests so you still obtain relief where the law allows it.
Why Choose Scrivner Law Firm
Our practice is local and personal. We represent people throughout Branson, Forsyth, Hollister, Merriam Woods, Rockaway Beach, and surrounding communities in Taney County, as well as Stone County communities like Kimberling City, Crane, and Reeds Spring, and Christian County communities like Nixa, Ozark, Clever, and Sparta. Dayrell L. Scrivner’s background as a longtime prosecutor means we do not guess about how objections are framed or how records flow between agencies. We prepare your petition so the right defendants are named, fingerprints are handled correctly, statutory caps and exceptions are analyzed up front, and the record you present shows the rehabilitation and stability courts expect. We also help you use the order after it is granted, from HR questionnaires to professional licensing.
Every successful expungement starts with a clean, complete inventory of cases and dispositions. Bring us your case numbers if you have them. If not, we will pull the records. From Ozark to Branson to Kimberling City, we handle filings in Taney, Stone, and Christian Counties and beyond. Call Scrivner Law Firm to schedule a confidential consultation. Your past does not have to decide your future. We are ready to help you move forward.