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What Felonies Can Be Expunged in Missouri


What Felonies Can Be Expunged in Missouri?

Having a felony conviction on your record can have severe consequences, affecting your employment prospects, housing opportunities, and even your personal relationships. However, in Missouri, individuals may have the chance to expunge certain felony convictions, providing them with a fresh start and the opportunity to rebuild their lives. In this article, we will discuss which felonies can be expunged in Missouri and answer some frequently asked questions regarding the expungement process.

Expungement Basics in Missouri

Expungement is the legal process of sealing or erasing a criminal record from public view. Once a felony conviction is expunged, it is generally not visible to employers, landlords, or other entities performing background checks. However, it is important to note that certain government agencies and law enforcement officials may still have access to expunged records.

Eligibility for expungement in Missouri depends on several factors, including the type of offense committed, the length of time since the conviction, and whether the individual has any subsequent convictions. It is crucial to consult with an experienced attorney to determine your eligibility and navigate the expungement process successfully.

Felonies That Can Be Expunged in Missouri

Missouri law allows for the expungement of certain felony convictions. The following felonies are eligible for expungement:

1. Class D Felonies: Class D felonies can be expunged if the individual has not been convicted of any other offense within the past ten years. Some examples of Class D felonies include possession of a controlled substance, stealing, and property damage.

2. Certain Nonviolent Offenses: Nonviolent offenses, such as forgery, fraudulent use of a credit or debit device, and passing a bad check are also eligible for expungement.

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3. Offenses Resulting in Misdemeanor Convictions: If an offense initially resulted in a felony conviction but was subsequently reduced to a misdemeanor, it may be eligible for expungement.

4. Some Drug Offenses: Certain drug-related offenses, such as possession or sale of controlled substances, may be expunged if the offense occurred before January 1, 2017, and the individual has not been convicted of any other offense within the past ten years.

5. Offenses Not Resulting in Imprisonment: If an individual was convicted of a felony offense but did not serve time in prison, they may be eligible for expungement.

It is important to note that there are specific waiting periods associated with each type of offense before one can apply for expungement. Additionally, other eligibility criteria may apply, and having subsequent convictions or pending charges may affect your eligibility.

FAQs about Expungement in Missouri

Q: Can I expunge multiple felony convictions?

A: Yes, it is possible to expunge multiple felony convictions; however, each conviction must meet the eligibility criteria outlined in Missouri law.

Q: How long does the expungement process take?

A: The length of the expungement process can vary depending on various factors, such as the complexity of your case and the court’s schedule. Generally, it may take several months to complete the process.

Q: Can expunged records be used against me in future legal proceedings?

A: Expunged records are generally treated as though they never existed, and individuals are generally not required to disclose expunged convictions in most circumstances. However, there may be exceptions, such as in subsequent criminal proceedings or when applying for certain professional licenses.

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Q: Can I expunge a felony conviction if I am currently serving probation or parole?

A: No, individuals currently serving probation or parole are not eligible for expungement. It is important to complete the terms of your probation or parole before pursuing expungement.

Conclusion

Expungement provides a valuable opportunity for individuals with felony convictions to rebuild their lives and move forward without the burden of their past mistakes. Knowing which felonies can be expunged in Missouri is essential for those seeking a fresh start. However, navigating the complex expungement process can be challenging, and consulting with an experienced attorney is crucial to ensure eligibility and successfully complete the process.

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