How to Expunge a Criminal Record: Step-by-Step Guide

Having a criminal record can affect nearly every part of your life—from job opportunities to housing applications, and even volunteer work. If you've ever been arrested or convicted, you may have options to clear your record and move forward.

At Walker Law LLC, I help clients in Chesterfield, Missouri, take steps to expunge past charges or convictions. Clearing your criminal record can remove legal roadblocks and open the door to a fresh start.

One of the first steps in this process is understanding what expungement means and whether you're eligible for it.

Explaining Expungement

Expungement refers to the legal process of sealing or removing certain charges, arrests, or convictions from public view. Once a record is expunged, it no longer appears in standard background checks for employment, housing, or education purposes.

However, it’s important to know that expungement doesn’t always mean the record is destroyed—it may still be visible to law enforcement or certain government agencies. Even so, it often brings meaningful relief from the long-term consequences of a criminal record.

Missouri law allows certain offenses to be expunged under specific conditions. But not every offense is eligible, and several legal requirements must be met to complete the process.

Who Qualifies for Expungement

Before starting, it's important to make sure you meet the basic qualifications. Missouri’s expungement law covers a wide range of offenses, but some are excluded by statute.

Criminal offenses that may be eligible include:

• Non-violent misdemeanors: Charges such as trespassing or shoplifting may be expunged after a waiting period.

• Some felonies: Certain Class C or D felonies can be expunged, including drug possession or property crimes.

• Arrests not leading to charges: If you were arrested but never formally charged, you may be able to clear that arrest from your record.

• Dismissed charges or acquittals: If your case was dismissed or you were found not guilty, you can likely expunge it.

Offenses that usually aren’t eligible include:

• Violent crimes: Offenses involving force or threat of force, such as assault or robbery.

• Sexual offenses: Crimes requiring registration on the sex offender list are generally excluded.

• Certain driving offenses: Including DWI or related crimes involving commercial driver’s licenses.

There are also specific waiting periods before you can request expungement. For many misdemeanors, you’ll need to wait at least three years after completing your sentence. For felonies, the wait is generally seven years.

Now that you’ve confirmed your eligibility, the next step is to begin the formal process.

How to Expunge a Criminal Record in Missouri

Although the steps vary slightly depending on the charge and location, the expungement process in Missouri generally follows a set series of actions.

1. Collect and Review Your Criminal Record

Begin the process by obtaining a complete copy of your criminal history. This document is essential for determining which charges are eligible for expungement and establishing the commencement dates of any required waiting periods.

Gather all necessary supporting documents. These include arrest records from the arresting police department, court documents detailing case outcomes (such as dismissals or guilty pleas), and proof of sentence completion, including certificates for probation, parole, or treatment programs. 

Possessing a comprehensive record is vital for you and your lawyer to accurately assess your eligibility and prepare a thorough petition.

2. Prepare and File a Petition for Expungement

Once you’ve identified the offenses that may qualify, the next step is to file a petition for expungement with the court where the case was handled. Each charge requires its own petition, though they can often be filed at the same time.

The petition should include your full name, address, and date of birth. It should also detail the offense, including the date, the name of the arresting agency, and the outcome. Finally, a sworn statement confirming you meet the requirements, including no current charges or pending legal matters, is necessary.

A filing fee is required for each petition unless you request a fee waiver based on income.

3. Serve the Petition on All Required Parties

After the petition is filed, Missouri law requires you to serve a copy on several parties. These parties include the prosecuting attorney, the arresting law enforcement agency, the Missouri State Highway Patrol, and any municipal or circuit court involved in your original case.

Each of these parties has the opportunity to respond or object. If no objections are made within 30 days, your case may move forward more quickly.

4. Attend a Court Hearing

Some cases require a hearing, especially if a prosecutor or agency objects. At the hearing, the judge will review your petition, any objections, and your criminal record to determine whether expungement is appropriate.

Factors a judge may consider include the time since the offense, rehabilitation efforts such as employment or education, any repeat offenses, and the impact expungement may have on public safety.

It’s helpful to have legal representation at this stage. A lawyer from Walker Law LLC can help present your case clearly and address any objections raised by prosecutors or law enforcement agencies.

5. Wait for the Judge’s Ruling

If the judge grants your expungement, they’ll issue a court order requiring all relevant agencies to update their records. This process can take several weeks or months depending on court backlog and the number of agencies involved.

You may receive a copy of the expungement order confirming that the eligible charges have been sealed from public view.

6. Follow Up and Confirm Expungement is Complete

Although the court order starts the process, you should follow up with key agencies to confirm that your criminal record has been updated. Agencies to check include the Missouri State Highway Patrol, as they maintain the central repository of criminal history in the state, and the original arresting police department. 

Some private companies may still list your record, so it may be helpful to request updated reports from background check services. Once confirmed, your criminal record should no longer be visible on most public or employment background checks.

How Expungement Can Help You Move Forward

A successful expungement doesn’t just clean up your legal record—it can have real effects on your everyday life. For many people, the ability to truthfully answer “no” when asked about prior convictions is a huge step toward regaining control of their future.

Benefits of expunging a criminal record include:

• Better job prospects: Many employers conduct background checks. Expungement gives you a fair shot at employment without past mistakes holding you back.

• Improved housing opportunities: Landlords often deny applicants with criminal histories. A clean record increases your chances.

• Restored rights: Expungement may restore rights that were limited, such as holding certain professional licenses.

• Peace of mind: Knowing your record is sealed gives you the confidence to pursue goals that might have once felt out of reach.

Expungement doesn’t erase what happened, but it allows you to stop being defined by it.

Common Mistakes During the Expungement Process

Mistakes during this process can lead to delays, denials, or the need to start over entirely. Knowing what to watch for can save time and frustration.

Common mistakes to avoid include:

• Filing too early: Each offense type has a specific waiting period. Filing before this period ends will result in automatic denial.

• Incomplete or inaccurate petitions: Missing documents or incorrect information can delay or derail your request.

• Not notifying all required parties: Failing to properly serve each agency gives them legal grounds to object or dismiss your case.

• Skipping the hearing: If a hearing is scheduled, you must attend. Missing your hearing may result in automatic denial.

A lawyer can help make sure everything is done correctly the first time.

Expunging More Than One Offense

While it's possible to expunge more than one offense, there are limits. Missouri allows multiple expungements in some situations, but not an unlimited number of offenses.

Generally, rules for multiple expungements state that only one felony and two misdemeanors can be expunged per lifetime. Additionally, charges stemming from the same incident may be grouped and counted as a single offense for eligibility. 

Certain municipal violations, such as local ordinance violations, might not count against these limits. If there is any uncertainty about whether multiple charges qualify, it’s important to review your record with a lawyer.

What Happens If Your Petition Is Denied

Even with strong preparation, a judge can deny your request. Reasons for denial vary, but they typically involve eligibility issues, objections from prosecutors, or the discovery of additional offenses.

Options after a denial include:

• Fixing issues and reapplying: If denial was due to paperwork errors or incomplete information, you may be able to file again with corrections.

• Appealing the decision: In rare cases, you may appeal to a higher court, although this can be more time-consuming.

• Waiting longer: If your petition was denied due to timing, waiting a year or more before reapplying might solve the problem.

Every case is unique. A denied petition doesn’t always mean the end of the road.

Contact Me Today

If you're ready to take the next step toward clearing your criminal record, I, Richard Walker, can help. I’ve worked with individuals across Chesterfield, Town and Country, Cottleville, and throughout St. Louis County and St. Charles County to help them move forward with confidence. Let’s talk about your situation and find out if expungement is an option for you. Contact me at Walker Law LLC today.