Having a criminal conviction on your record can impede every aspect of your life, making it difficult to get an apartment or even find a job in some industries. Fortunately, criminal law in most states allows those who have paid their debt to expunge their records and move on with their lives. Below is an overview of expungement and how it may help you.

What Is Expungement?

An expungement is the process of sealing most criminal records from public view, making them inaccessible to future employers or landlords. If your record is expunged, past convictions can’t be used against you in hiring decisions and won’t show up in a background check.

However, the information will still be available to law enforcement agencies and may come up if you’re accused of another crime in the future.

What Charges Can Be Expunged?

Criminal law in each state offers different criteria for expunging a criminal record. In Missouri, for example, almost any criminal record can be expunged, as long as it doesn’t involve Class A violent felonies, sexual offenses, domestic assault, or driving while intoxicated. Misdemeanors can be expunged three years after the conviction, but those convicted of a felony have to wait at least seven years.

What Is the Process to Expunge a Criminal Record?

The process of having a criminal record expunged or closed also varies from state to state. In Missouri, the defendant must file a petition with the court in the county where the arrest originally occurred. Because the process can be complex and frustrating, hiring a criminal law attorney to handle it for you is usually the best approach.

Currently, Missouri has not amended its expungement statutes and therefore, an expungement does not remove your municipal or state record from your Federal background.  The Legislature was supposed to fix this last year but they did not do so.   If it is a DWI, it might well be worth getting it off of your state record (ie driver’s license record) as soon as possible.  With other charges, it may be best to wait so the Federal record is expunged also.   

Criminal law can be overwhelming and confusing, which is why defendants throughout Columbia, MO, rely on the Law Office of Mike Hamilton for sound legal advice and aggressive representation. Their team has over 30 years’ experience protecting the rights of their clients, always striving to deliver the best possible results in even the most difficult situations. Visit their website or call (573) 825-5698 to discuss expungement with an attorney.

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