MISSOURI EXPUNGEMENT LAW
The new Missouri expungement law is a great new tool for many people who
have been convicted of past crimes but who want to clear their criminal
records for a fresh start.
Perhaps the best feature of the law is that is restores, for the successful
applicant, all rights that were lost or “restricted as a collateral
consequence” of the criminal record. One example would be the right
to own firearms. HOWEVER, that particular area of law is tricky. Speak
to an attorney at the law firm of Martin & Wallentine to determine
Certain convictions cannot be expunged. Examples are dangerous felonies,
certain convictions that require registration as a sex offender, and,
interestingly, even misdemeanor domestic assault.
There are other requirements. Generally speaking, for misdemeanors at least
three years must have lapsed since the applicant has completed any court-authorized
disposition, such as probation. If the offense is a felony, at least seven
years must have passed.
There can be no pending charges. There are other requirements as well.
If the statutory requirements for expungement are met, the statute creates
a rebuttable presumption that the applicant is entitled to the expungement.
That would mean that the burden of proof shifts to anyone opposing the
expungement, such as a prosecutor, to show why the expungement should
not be granted.
If the expungement is granted, notice is sent to all law enforcement agencies
who are parties to the action. Any non-parties are not necessarily bound
by the expungement.
There are certain reporting requirements even if the expungement is granted.
For example, if the applicant is applying for employment in the gambling,
insurance or banking industries, or the applicant is applying for a professional
license (doctors, lawyer, engineers, etc.), the applicant must disclose
the expunged offense in the application process.
The new Missouri expungement law is a great new tool to help people get
their reputations and their lives back after criminal convictions. However,
it is exceedingly technical. We do NOT recommend proceeding without a
lawyer, who can explain the nuances of the law and who can properly present
your case to the judge who will decide the expungement matter.
If you are in need of an expungement, call the expungement attorneys at
the law firm of
Martin & Wallentine
to discuss your case. An expungement can help you in many ways, such as
for your career, reputation, and potentially even
restoring your gun rights