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9 (The pending bills can be viewed by clicking on the yellow flag with § 610.140 in Vernon’s Annotated Missouri Statutes on Westlaw.) 8 There was legislation pending in the 2020 session of the Missouri legislature that would further expand the list of offenses eligible for expungement. Stealing offenses were not eligible for expungement under the initial version of § 610.140, 7 but are now eligible as a result of an amended § 610.140, which became effective Aug. The disposition information may be available from Missouri’s, from the circuit clerk, or from a public records request to the Missouri State Highway Patrol, which can be accomplished on the MSHP’s website. Eligibility is based on the charge at disposition, not the initial charge that later may have been amended or substituted. Burglary in the first degree( § 569.160) is not eligible for expungement, 6 but burglary in the second degree ( § 569.170) is. It is also important to determine the specific charge that resulted in a finding of guilt. 4 In light of statutes providing for expungement of arrests and convictions, the circuit court probably has no equitable power to order expungement of ineligible offenses – no matter how compelling the circumstances. 3 If the client has been found guilty of an offense on the list (or an equivalent municipal ordinance violation), that offense is not eligible for expungement. Some examples are “any class A felony offense,” “any felony offense of assault misdemeanor or felony offense of domestic assault or felony offense of kidnapping,” and “section 570.025” (robbery in the second degree).

Subsection 610.140.2 has a long list of offenses, many listed by the Missouri Revised Statute section, that are not eligible for expungement. This article suggests a checklist of questions to screen an expungement client. It is better for the lawyer’s practice for the client to learn this in a telephone or office consultation than it is to learn it after spending hundreds of dollars in court costs and legal fees to file a petition. Others who do qualify might not realize that an expungement order will not meet their needs. Many people who are interested in expungement of a criminal case do not qualify under the statute.