Missouri law currently allows for three felony crimes that can be expunged. Expungement means that the conviction is erased from the person’s criminal history. Literally, records will be destroyed and removed from electronic databases (there are a couple of exceptions to this to be aware of). The three felony crimes are:
1. Passing a bad check, (Missouri Statute 570.120)
2. Fraudulently stopping payment of an instrument, (Missouri Statute 570.125)
3. Fraudulent use of credit/debit device, (Missouri Statute 570.130)
Please note that the statute links may change after January 1, 2017 as a result of the Criminal Code Revision. The expungement statute is found at Missouri Statute 610.140. This statute must be read carefully, as it lists the criteria a court must find before expunging one of these three felonies. The criteria include:
1. Twenty years must have passed since the conviction (this is counted from the date imprisonment, parole or probation ended),
2 The person has not been found guilty of another misdemeanor or felony (not including violations of certain traffic regulations under chapters 304 and 307),
3. The person has paid any amount of restitution ordered by the court,
4. The circumstances and behavior of the petitioner warrant the expungement, and
5.The expungement is consistent with the public welfare.
If you believe you have a felony conviction that may qualify for expungement, feel free to call the Scheiderer Law Firm at (660) 372-2222 for more information.
(Statutes current as of May 2015)