Missouri Senate Bill 1 gives more deserving people a greater chance of pursuing a full future. The bill, which was signed into law on July 9th, allows 4 additional offenses to be expunged under Missouri’s expungement statute. If other eligibility requirements are met, those with convictions for stealing, property damages in the first degree, fraudulent use of a credit or debit device, and possession of a forging instrumentality will have the ability to seek expungement under the law starting August 28th, 2019.
Missouri’s expungement eligibility can be separated into three parts. Let’s think of these three parts as stoplights on the road to a clean record. The first red light is the excluded offenses list. While the law strictly modifies the excluded offenses list, those individuals now removed from the list must be aware of the other mandatory eligibility requirements before moving forward in seeking expungement. The light will turn green once the applicant’s offense is determined to be absent from the excluded offenses list.
Further down the road, the applicant will approach the second stoplight. At this point, the applicant will be evaluated based on six criteria, four objective and two subjective. The objective four criteria are:
- Has the statutory waiting period of 7 years for a felony or 3 years for a misdemeanor since the date of disposition been imposed?
- Has the person been found guilty of additional offenses during the waiting period?
- Has the petitioner satisfied all sentence requirements?
- Does the petitioner have pending charges?
Since the prosecutor’s office can provide arguments against an applicant in a more subjective manner for the following 2 criteria, a legal representative is recommended. The 2 subjective criteria are:
- Do the petitioner’s habits and conduct show them to not be a threat to the public?
- Is the expungement consistent with the public welfare and in the interests of justice?
If an applicant meets these criteria and has less than the allowable number of convictions, no stopping will be necessary at the final light, and the court shall grant the expungement request. However, the final light will remain red indefinitely if the applicant has more than two misdemeanors or ordinance violations that carry a defined term of imprisonment. If the applicant has more than 1 felony, the light will also stay red.
If you do not meet these requirements, do not lose hope. Easy Expunctions aims to give deserving clients a shot at a clear criminal record. Contact us to learn more about your eligibility for expungement.
