Expunging a Criminal Record in Missouri (2026)
Reviewed by DocDraft Legal Team · Missouri · Last updated August 19, 2026
Missouri clears eligible criminal records through expungement under Mo. Rev. Stat. 610.140, a relief the legislature broadly expanded in 2018 and has since amended. A granted expungement generally restores you to the status you held before the arrest or conviction, and you may deny it on most job applications. You file a petition in the Missouri court where you were charged or found guilty, and the current waiting period runs from completion of your sentence: at least one year for misdemeanors, municipal violations, and infractions, and at least three years for felonies. Missouri sets lifetime caps and a long list of excluded offenses under 610.140(2), including dangerous felonies, sex offenses, domestic assault, and most intoxication-related driving offenses. The Missouri State Highway Patrol updates the central repository once a court orders expungement.
Find out where you stand in Missouri
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
What record-clearing relief does Missouri offer and what is it called?
Missouri calls its relief expungement, under Mo. Rev. Stat. 610.140. A granted order closes the records of an arrest, plea, trial, or conviction and generally restores you to the status you held beforehand. It is petition-based: you ask the court where you were charged or found guilty to enter the order.
What is eligible for expungement in Missouri and what is the waiting period?
Many misdemeanors and non-excluded felonies qualify under RSMo 610.140. The waiting period runs from completion of your sentence, including probation or parole: at least one year for a misdemeanor, municipal violation, or infraction, and at least three years for a felony. You must also have no new convictions and have satisfied all obligations.
Can you expunge a felony in Missouri?
Yes, many non-excluded felonies can be expunged in Missouri after a three-year wait from completion of the sentence. But 610.140(2) permanently bars Class A felonies, dangerous felonies, felonies with death as an element, felony assault, kidnapping, domestic assault, and registrable sex offenses. Missouri also caps lifetime relief at two felony expungements.
Does Missouri have automatic clean-slate expungement?
Missouri is primarily petition-based under RSMo 610.140, so most people must file to clear a record. Missouri has enacted an automatic expungement process that phases in for certain electronic court records becoming eligible on or after August 28, 2026, but you should not rely on it and can still petition on your own.
Missouri Expungement Under RSMo 610.140: Waiting Periods, Lifetime Caps, and Exclusions
Missouri's general record-clearing relief is expungement under Mo. Rev. Stat. 610.140, broadly expanded by the legislature in 2018 to reach many misdemeanor and felony convictions rather than only arrests. You petition the Missouri circuit, associate circuit, or municipal court in which you were charged or found guilty, and a single petition may list multiple offenses that arose from the same course of conduct, counting as one entry toward the lifetime caps. The waiting period runs from completion of the sentence, including any probation or parole: at least one year for a misdemeanor, municipal ordinance violation, or infraction, and at least three years for a felony. Beyond the wait, the court must find you have no other guilty findings during the period, have satisfied all fines and restitution, have no pending charges, and that expungement is consistent with public safety and the interests of justice. Missouri limits lifetime relief to two felony expungements and three misdemeanor or ordinance-violation expungements. Section 610.140(2) permanently excludes a long list of offenses, including Class A felonies, dangerous felonies, any felony with death as an element, felony assault, kidnapping, domestic assault, registrable sex offenses, public-corruption offenses, and intoxication-related or commercial-driver traffic offenses; a narrow separate path for a first intoxication-related traffic offense exists under RSMo 610.130. A granted order generally lets you answer that you have not been arrested or convicted, though law enforcement, courts, and some licensing bodies may still access sealed records. Once a court grants expungement, the Missouri State Highway Patrol updates the central criminal-records repository.
Relevant Laws
Missouri Expungement Statute (Mo. Rev. Stat. 610.140)
Missouri's general expungement law lets a person petition the court where charged or found guilty to expunge records of an arrest, plea, trial, or conviction. It sets the eligibility findings, the excluded offenses in subsection 2, and the effect of an order on employer inquiries.
Waiting Periods and Lifetime Limits (RSMo 610.140)
The waiting period runs from completion of the sentence: at least one year for a misdemeanor, municipal violation, or infraction, and at least three years for a felony. Missouri caps lifetime relief at two felony expungements and three misdemeanor or ordinance-violation expungements.
First Intoxication-Related Traffic Offense (Mo. Rev. Stat. 610.130)
Because 610.140(2) excludes most intoxication-related and commercial-driver traffic offenses, Missouri provides this narrow separate path to expunge a single first intoxication-related traffic offense, subject to its own conditions and a longer waiting requirement.
No General Federal Expungement of Missouri Records
There is no general federal law to expunge a Missouri state conviction; record-clearing is set by Missouri law under Chapter 610. Missouri is primarily petition-based, though an automatic expungement process phases in for certain court records becoming eligible on or after August 28, 2026.
Regional Variances
Missouri Expungement Eligibility Table (RSMo 610.140)
Relief type and name
Missouri offers expungement under Mo. Rev. Stat. 610.140, broadly expanded in 2018. A granted order closes the records and generally restores your prior status, letting you deny the arrest or conviction in most settings. You petition the circuit, associate circuit, or municipal court where you were charged or found guilty.
Eligible offenses
Many misdemeanors, municipal ordinance violations, infractions, and non-excluded felonies qualify under RSMo 610.140, along with arrests that did not lead to conviction. A single petition may list multiple offenses arising from the same course of conduct, and those count as one entry toward the lifetime caps.
Waiting period by offense class
Measured from completion of the sentence, including probation or parole: at least one year for a misdemeanor, municipal violation, or infraction, and at least three years for a felony, under RSMo 610.140. You must also have no new guilty findings during the period and have satisfied all fines and restitution.
Excluded offenses
Section 610.140(2) permanently bars Class A felonies, dangerous felonies, any felony with death as an element, felony assault, kidnapping, domestic assault, registrable sex offenses, public-corruption offenses, and most intoxication-related or commercial-driver traffic offenses. A first intoxication-related traffic offense has a narrow separate path under RSMo 610.130.
Lifetime caps
Missouri limits relief to two felony expungements and three misdemeanor or ordinance-violation expungements over a lifetime under RSMo 610.140. Offenses joined in one petition because they arose from the same course of conduct count together as a single expungement against these caps.
Clean-slate status
Missouri is primarily petition-based, so most people must file to clear a record. Missouri has enacted an automatic expungement process that phases in for certain electronic court records becoming eligible on or after August 28, 2026; until it reaches your record, filing a petition under RSMo 610.140 remains the reliable route.
Suggested Compliance Checklist
Confirm Missouri eligibility and that the waiting period has passed
Before you draft the petition days after startingVerify your offense is not on the RSMo 610.140(2) excluded list and that the wait has run from completion of your sentence: at least one year for a misdemeanor, municipal violation, or infraction, and at least three years for a felony. Confirm you have no new convictions and are within the lifetime caps of two felonies and three misdemeanors.
Obtain your Missouri criminal history record
Before drafting days after startingRequest your criminal history from the Missouri State Highway Patrol and review Case.net so the petition lists every arrest, charge, disposition, and record-holding agency accurately. Matching case numbers and dates prevents the court or repository from missing an offense that should be closed.
Prepare the Missouri expungement petition
Before filing days after startingDraft the Petition for Expungement under Section 610.140 (Missouri Courts form CR360 or equivalent), naming each offense, the agencies that hold records, and the statutory findings you meet. Group offenses from the same course of conduct into one petition, since they count as a single expungement against the lifetime caps.
File in the correct Missouri court and pay or waive the fee
When ready to file days after startingFile in the circuit, associate circuit, or municipal court where you were charged or found guilty, and plan for a surcharge of up to $250 plus county court costs. If you cannot afford them, file a motion to proceed in forma pauperis with a financial affidavit to request a waiver.
Serve the prosecutor, attend the hearing, and confirm the repository update
After filing days after startingEnsure the prosecutor and named agencies are served and given their 30-day window, then attend the hearing with proof that fines, restitution, and supervision are complete. After the order, confirm the Missouri State Highway Patrol has updated the repository and keep a certified copy. An attorney can help if the prosecutor objects.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm Missouri eligibility and that the waiting period has passed | Verify your offense is not on the RSMo 610.140(2) excluded list and that the wait has run from completion of your sentence: at least one year for a misdemeanor, municipal violation, or infraction, and at least three years for a felony. Confirm you have no new convictions and are within the lifetime caps of two felonies and three misdemeanors. | - | Before you draft the petition |
| Obtain your Missouri criminal history record | Request your criminal history from the Missouri State Highway Patrol and review Case.net so the petition lists every arrest, charge, disposition, and record-holding agency accurately. Matching case numbers and dates prevents the court or repository from missing an offense that should be closed. | - | Before drafting |
| Prepare the Missouri expungement petition | Draft the Petition for Expungement under Section 610.140 (Missouri Courts form CR360 or equivalent), naming each offense, the agencies that hold records, and the statutory findings you meet. Group offenses from the same course of conduct into one petition, since they count as a single expungement against the lifetime caps. | - | Before filing |
| File in the correct Missouri court and pay or waive the fee | File in the circuit, associate circuit, or municipal court where you were charged or found guilty, and plan for a surcharge of up to $250 plus county court costs. If you cannot afford them, file a motion to proceed in forma pauperis with a financial affidavit to request a waiver. | - | When ready to file |
| Serve the prosecutor, attend the hearing, and confirm the repository update | Ensure the prosecutor and named agencies are served and given their 30-day window, then attend the hearing with proof that fines, restitution, and supervision are complete. After the order, confirm the Missouri State Highway Patrol has updated the repository and keep a certified copy. An attorney can help if the prosecutor objects. | - | After filing |
Frequently Asked Questions
Missouri authorizes a surcharge of up to $250 for a granted expungement under RSMo 610.140, in addition to standard court filing costs that vary by county. If you cannot afford the costs, you can ask the Missouri court to waive them by filing to proceed in forma pauperis with a financial affidavit showing your inability to pay.
After you file under RSMo 610.140, the prosecutor and named agencies have 30 days to respond, and the court then sets a hearing, so many Missouri cases take a few months from filing to order. Timing depends on the county, the court's docket, and whether the prosecutor objects. Gathering records and confirming eligibility before filing avoids delays.
Sometimes. A Missouri expungement under 610.140 closes the record from public and most employer view, but law enforcement, courts, and certain licensing authorities may still access it in defined situations, and some professions such as those involving firearms, gaming, or finance have carve-outs. An expungement is not always a complete erasure, so confirm how it affects a specific license.
Generally yes. Under RSMo 610.140, once a record is expunged you may answer that you have not been arrested, charged, or convicted, except in narrow situations the statute defines, such as certain applications tied to firearms, law enforcement, or regulated financial or gaming roles. Because those exceptions exist, review the exact question and industry before you answer.
Most intoxication-related and commercial-driver traffic offenses are excluded from expungement under RSMo 610.140(2). Missouri instead provides a narrow, separate path for a first intoxication-related traffic offense under RSMo 610.130, which has its own strict conditions. Repeat DWI offenses and offenses committed while holding a commercial license generally cannot be cleared, so confirm your specific record.
Other Missouri guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.