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Missouri (MO) — Expungement & Record Clearing

Yes, you can expunge your criminal record in Missouri under RSMo 610.140. As of January 2025, you may expunge up to two felonies and three misdemeanors in your lifetime. The waiting period is 3 years for felonies and 1 year for misdemeanors after completing your sentence. Missouri's former $250 expungement surcharge was repealed in 2023. Court filing costs still apply, but a court may let a person who cannot pay proceed as a poor person. Starting no later than January 1, 2027, eligible drug possession and paraphernalia convictions are to be expunged automatically under RSMo § 610.141. The process takes 2–6 months and fully restores civil rights, seals records from public view, and allows you to legally deny the conviction on most applications. Class A felonies, dangerous felonies, sex offenses, domestic assault, and most DWI offenses are not eligible. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.

Prepare questions about a record-clearing process

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Overview

Missouri allows expungement of most criminal records under RSMo 610.140, which seals the record from public view and restores the person to the status they held before the arrest or conviction. The law was significantly expanded in 2018 (SB 588), 2021 (SBs 53 and 60), and again in 2025 (SB 754). Today, more than 1,900 offenses qualify for expungement. As of January 1, 2025, individuals may expunge up to two felonies and three misdemeanors in their lifetime, with reduced waiting periods of three years for felonies and one year for misdemeanors.

Official term: Expungement (RSMo 610.140) — Missouri uses the term "expungement," but the practical effect is sealing — the record is not destroyed. An expunged record is not publicly accessible and would require a court order to reopen.

What can be cleared in Missouri, by record type

Checked against the statutes and official court or agency pages on . Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.

Missouri's term is "expungement," but legally it means the records are closed, not destroyed. After a court expungement order under RSMo § 610.140, every agency named in the petition must "close" its records under § 610.120. Closed records are kept but hidden from the general public. Criminal justice agencies and certain licensing and screening agencies can still see them. Some non-conviction records become "closed records" automatically. This applies when no charge is filed within 30 days of an arrest (§ 610.100), and when a case is dismissed or nolle prossed, ends in acquittal, or ends in a suspended imposition of sentence (SIS) (§ 610.105). Other separate routes are: arrest-record expungement (§§ 610.122–610.123), mistaken-identity expungement (§ 610.145), one-time first-DWI expungement (§ 610.130), and marijuana expungement under Amendment 3 (Mo. Const. art. XIV, § 2). A 2026 law, SB 1421 (§ 610.141), adds automatic "expungement" of certain drug possession and paraphernalia convictions. That law defines expungement as "closure of the record pursuant to section 610.120." Juvenile court records are confidential, and a court may also order them sealed or destroyed (§ 211.321).

Sources: RSMo § 610.140 (Missouri Revisor of Statutes) (§ 610.140.8); RSMo § 610.120 (Missouri Revisor of Statutes) (§ 610.120.1); RSMo § 610.141 (Missouri Revisor of Statutes) (§ 610.141.1(4)); RSMo § 610.100 (Missouri Revisor of Statutes) (§ 610.100.2(3)); RSMo § 610.105 (Missouri Revisor of Statutes) (§ 610.105.1); RSMo § 211.321 (Missouri Revisor of Statutes) (§ 211.321.5)

Arrest or charge with no conviction

Generally availableAutomatic relief exists
Remedy
Automatic closed records (RSMo §§ 610.100, 610.105); petition to expunge arrest records (§ 610.140.7; §§ 610.122–610.123); mistaken-identity expungement (§ 610.145)
Waiting period
None for automatic closure. An arrest report closes if no charge is filed within 30 days, and court records close when a dismissed or acquitted case is finally terminated. A petition under § 610.140.7 can be filed no earlier than 18 months after the arrest.

Some arrest records close automatically. If you are arrested but not charged within 30 days, the arrest report becomes a closed record. If a charge is nolle prossed or dismissed, ends in a not-guilty verdict, or ends in a suspended imposition of sentence, the case records become closed records once the case is finally terminated. The court's judgment and the prosecutor's final action can still be accessed. To go further and expunge an arrest record, you can petition under § 610.140.7. You can file no earlier than 18 months after the arrest, and only if you have not been charged or found guilty of a misdemeanor or felony during that time. Section 610.122 allows a petition when the arrest was based on false information, or when certain traffic-related charges were dismissed or ended in acquittal. Section 610.145 covers charges filed because of identity theft or mistaken identity.

  • § 610.140.7 petitions apply only to arrests for an "eligible crime," meaning a crime not excluded by § 610.140.3
  • § 610.122(2) relief for dismissed traffic charges excludes intoxication-related traffic offenses and commercial driver's license holders
  • Closed records stay available to criminal justice agencies and other entities listed in § 610.120
  • The court's judgment or the prosecutor's final action in a dismissed or acquitted case can still be accessed

Sources: RSMo § 610.100 (Missouri Revisor of Statutes) (§ 610.100.2(3)); RSMo § 610.105 (Missouri Revisor of Statutes) (§ 610.105.1); RSMo § 610.140 (Missouri Revisor of Statutes) (§ 610.140.7); RSMo § 610.122 (Missouri Revisor of Statutes) (§ 610.122.1(1); § 610.122.1(2); § 610.122.1(2)(a)); RSMo § 610.123 (Missouri Revisor of Statutes) (§ 610.123.1); RSMo § 610.145 (Missouri Revisor of Statutes) (§ 610.145.1(1); § 610.145.1(2)); RSMo § 610.120 (Missouri Revisor of Statutes) (§ 610.120.1); RSMo § 610.110 (Missouri Revisor of Statutes) (§ 610.110)

Misdemeanor conviction

Generally availableSome automatic relief
Remedy
Expungement by petition (RSMo § 610.140); automatic expungement of drug possession and paraphernalia misdemeanors (§ 610.141, SB 1421 of 2026)
Waiting period
1 year after completing the sentence (authorized disposition) for each misdemeanor, ordinance violation or infraction

Most misdemeanors, municipal ordinance violations and infractions can be expunged by petition under § 610.140. You can file 1 year after finishing your sentence (the "authorized disposition"). You must also have no new misdemeanor or felony convictions in that time (traffic offenses don't count), have paid all fines and restitution, and have no pending charges. Your petition creates a rebuttable presumption that expungement is warranted, and the prosecutor then has the burden to rebut it. Over your lifetime you can have at most 3 misdemeanors or ordinance violations that carry possible jail time expunged, but any number of infractions. Misdemeanor drug possession and paraphernalia convictions are also set to be expunged automatically under § 610.141 (see drug-possession).

  • Misdemeanor domestic assault
  • Offenses in chapter 566 (sexual offenses) or in the specific sections listed in § 610.140.3(6)
  • Offenses requiring sex offender registration
  • Intoxication-related traffic or boating offenses (DWI/BWI); a first DWI may qualify only under § 610.130
  • Any motor-vehicle law violation by someone who holds, or is required to hold, a commercial driver's license
  • Most offenses under § 571.030 (unlawful use of weapons), with narrow exceptions
  • Ordinance violations substantially equivalent to an ineligible offense
  • Lifetime cap of 3 misdemeanors or ordinance violations that carry possible jail time

Sources: RSMo § 610.140 (Missouri Revisor of Statutes) (§ 610.140.2(1); § 610.140.6(1); § 610.140.6(2); § 610.140.6(3)-(4); +10 more); RSMo § 610.141 (Missouri Revisor of Statutes) (§ 610.141.1(3)(d); § 610.141.1(6)(c)-(d))

Felony conviction

Generally availableSome automatic relief
Remedy
Expungement by petition (RSMo § 610.140); automatic expungement of felony drug possession (§ 610.141, SB 1421 of 2026)
Waiting period
3 years after completing the sentence (authorized disposition)

Many felonies can be expunged by petition under § 610.140, but there is a long list of exclusions. You can file 3 years after finishing your sentence. During that time you must have no new misdemeanor or felony convictions (not counting traffic), have paid all fines and restitution, and have no pending charges. The court must also find that you are not a threat to public safety and that expungement serves the public welfare. If your petition says you meet those two criteria, that creates a rebuttable presumption that expungement is warranted. Over your lifetime you can have at most 2 felonies expunged. Related crimes from the same course of conduct count only once, at the highest level. Felony drug possession convictions that are not class A are also set to be expunged automatically under § 610.141.

  • Any class A felony
  • Any "dangerous felony" as defined in § 556.061
  • Any felony where death is an element of the offense
  • Felony assault, felony domestic assault, and felony kidnapping
  • Offenses requiring sex offender registration and offenses in chapter 566
  • Offenses in the specific sections listed in § 610.140.3(6)
  • Felony intoxication-related traffic or boating offenses
  • Most § 571.030 weapons offenses
  • Lifetime cap of 2 felonies

Sources: RSMo § 610.140 (Missouri Revisor of Statutes) (§ 610.140.2(1); § 610.140.6(1); § 610.140.6(2); § 610.140.6(3)-(4); +9 more); RSMo § 610.141 (Missouri Revisor of Statutes) (§ 610.141.1(6)(c)-(d); § 610.141.1(3)(f)-(g))

DUI / DWI conviction

Limited
Remedy
One-time expungement of a first intoxication-related traffic or boating offense (RSMo § 610.130); excluded from general expungement under § 610.140
Waiting period
At least 10 years (from the plea or conviction)

DWI and other intoxication-related traffic or boating offenses cannot be expunged under the general statute, § 610.140. Section 610.130 allows one expungement in a lifetime, for a first intoxication-related traffic or boating offense that was a misdemeanor or a county or city ordinance violation. You can apply after at least 10 years. You must have no later intoxication-related convictions, no later alcohol-related enforcement contacts, and nothing of that kind pending. It is not available to anyone who holds, or is required to hold, a commercial driver's license, or for a conviction for driving a commercial vehicle under the influence.

  • Felony DWI and second or later intoxication-related offenses
  • Anyone who holds, or is required to hold, a commercial driver's license
  • A conviction for driving a commercial motor vehicle under the influence
  • Anyone with later alcohol-related enforcement contacts (as defined in § 302.525) or pending intoxication-related matters
  • Only one § 610.130 expungement per lifetime

Sources: RSMo § 610.140 (Missouri Revisor of Statutes) (§ 610.140.3(7)-(8)); RSMo § 610.130 (Missouri Revisor of Statutes) (§ 610.130.1; § 610.130.2; § 610.130.3; § 610.130.4)

Drug possession conviction

Generally availableAutomatic relief exists
Remedy
Automatic expungement (RSMo § 610.141, SB 1421 of 2026); expungement by petition (§ 610.140); marijuana expungement (Mo. Const. art. XIV, § 2.10(7)–(8))
Waiting period
Automatic (§ 610.141): 1 year after final disposition for a misdemeanor, 3 years for a felony. Petition (§ 610.140): 1 year (misdemeanor) or 3 years (felony) after completing the sentence.

Under § 610.141 (SB 1421 of 2026), convictions for possession of a controlled substance (§ 579.015, or former § 195.202) and for drug paraphernalia (§ 579.074, or former § 195.233) are to be expunged automatically, with no petition. This happens 1 year after final disposition for a misdemeanor and 3 years for a felony. Final disposition means you have completed all court-imposed terms and been unconditionally released. You must also have no new convictions in that time and no outstanding arrest or pending charges. The case must contain only qualifying convictions, and class A felonies are excluded. The law took effect August 28, 2026, but the automatic process must begin only when technically feasible, and no later than January 1, 2027. You can also petition under § 610.140. Separately, Amendment 3 (2022) directed courts to expunge most marijuana offenses, excluding distribution to a minor, offenses involving violence, and driving under the influence of marijuana.

  • Class A felony drug possession (not eligible for automatic expungement)
  • Cases that also contain a conviction for a non-qualifying offense (not eligible for automatic expungement)
  • No new misdemeanor or felony conviction within the waiting period, and no outstanding arrest or pending charges when the record is screened
  • Counts toward the combined lifetime cap of 3 misdemeanors and 2 felonies under §§ 610.140 and 610.141
  • Automatic relief applies only to records that exist electronically
  • Marijuana relief under Amendment 3 excludes distribution or delivery to a minor, offenses involving violence, and driving under the influence of marijuana

Sources: RSMo § 610.141 (Missouri Revisor of Statutes) (§ 610.141.1(6); § 610.141.1(6)(c)-(d); § 610.141.2; § 610.141.1(3)(d); +8 more); RSMo § 610.140 (Missouri Revisor of Statutes) (§ 610.140.6(1)); Mo. Const. art. XIV, § 2.10(8)(a) (Missouri Revisor of Statutes) (art. XIV, § 2.10(8)(a); Section header)

Juvenile record

Limited
Remedy
Court order to destroy records and seal the official court file (RSMo § 211.321.5); juvenile records are confidential by statute
Waiting period
Any time after the 18th birthday, or after the case closes if the court's jurisdiction continued past age 18

Juvenile court records and police records about children are confidential by default and can be opened only by court order or as the statute allows. There is an exception: when a child is adjudicated for an offense that would be a felony for an adult, the dispositional hearing records are open to the public the same way criminal records are. Records are also not confidential when a petition is sustained charging an offense that would be a class A felony or murder. After the young person turns 18, the juvenile court may order social histories and records destroyed and the official court file and police records sealed. The court can act on its own motion or on application by the young person or the juvenile officer, and only if it finds this is in the young person's best interest.

  • Sealing is discretionary: the court must find it is in the young person's best interest
  • Dispositional records of adjudications for felony-level offenses are open to the public
  • Confidentiality does not apply when a sustained petition charges a class A felony or murder
  • The confidentiality rule for police records does not apply to children transferred to adult court (§ 211.071)

Source: RSMo § 211.321 (Missouri Revisor of Statutes) (§ 211.321.1; § 211.321.3; § 211.321.2(2); § 211.321.5)

Filing and processing fees

Missouri no longer charges the $250 expungement surcharge. Former RSMo § 488.650 added a $250 surcharge to every § 610.140 petition, and it was repealed by SB 103, effective August 28, 2023. No official statewide filing-fee figure for § 610.140 petitions. Some routes are free by law: automatic expungement under § 610.141 needs no filing, marijuana expungement filings under Amendment 3 carry no filing fee, and mistaken-identity expungement costs may not be charged to the person (§ 610.145). To check your own record, a name-based search from the Missouri State Highway Patrol costs $16.00. It shows only open records.

Sources: RSMo § 488.650 (Missouri Revisor of Statutes) (Section status); RSMo § 488.650, version effective Jan. 1, 2018 – Aug. 28, 2023 (Missouri Revisor of Statutes) (§ 488.650 (former)); RSMo § 610.141 (Missouri Revisor of Statutes) (§ 610.141.2); Mo. Const. art. XIV, § 2.10(7)(a) (Missouri Revisor of Statutes) (art. XIV, § 2.10(7)(a)); RSMo § 610.145 (Missouri Revisor of Statutes) (§ 610.145.3); Missouri State Highway Patrol — Criminal Record Check (State and FBI Background Checks & Associated Fees)

How Missouri's automatic Clean Slate relief works and how to check its status →

Routes and conditions to check

  • ✓Completed all terms of the sentence, including probation, parole, fines, and restitution
  • ✓No new misdemeanor or felony convictions during the required waiting period (traffic violations under chapters 301-304 and 307 excluded)
  • ✓No pending criminal charges at the time of filing
  • ✓Offense is not on the list of permanently ineligible crimes
  • ✓Person's habits and conduct demonstrate they are not a threat to public safety
  • ✓Expungement is consistent with the public welfare and interests of justice
  • ✓Arrest records where charges were dismissed, acquitted, nolle prossed, or never filed

Exclusions and limits to check

  • ✗Class A felonies
  • ✗Dangerous felonies as defined in RSMo 556.061
  • ✗Any offense where death is an element of the crime
  • ✗Felony assault offenses (RSMo chapter 565)
  • ✗Domestic assault offenses (misdemeanor or felony)
  • ✗Felony kidnapping offenses
  • ✗Offenses requiring sex offender registration
  • ✗Most intoxication-related traffic, boating, and aircraft offenses (except first-offense DWI under RSMo 610.130)
  • ✗Any violation of a state law or county or municipal ordinance regulating motor vehicles, if committed by someone who holds or is required to hold a commercial driver's license
  • ✗Sexual conduct with a nursing facility resident (RSMo 566.116)
  • ✗Use of a child in sexual performance (RSMo 573.200)
  • ✗Promoting sexual performance by a child (RSMo 573.205)
  • ✗Cross burning (RSMo 574.140)

Waiting Periods

Felony conviction3 years after completing sentence (reduced from 7 years in 2021)
Misdemeanor, municipal violation, or infraction conviction1 year after completing sentence (reduced from 3 years in 2021)
Arrest with no charges filed, charges dismissed, or acquittal18 months after arrest (reduced from 3 years in 2025)
First-offense misdemeanor DWI (under RSMo 610.130)10 years after guilty plea or conviction

Step-by-Step Process

1

Determine eligibility

Confirm your offense qualifies for expungement, the required waiting period has passed, you have no pending charges, and all fines, restitution, and probation terms are completed. Obtain your criminal history from the Missouri State Highway Patrol to identify all records.

2

Complete the petition form

Fill out the Petition for Expungement (Form CR360) available from Missouri Courts. Include the case number, court name, county, and municipality for each offense. If multiple offenses arose from the same course of criminal conduct, they may be combined in one petition.

3

File the petition and pay fees

File the petition in the court where you were charged or convicted. Pay the court filing fee charged by the clerk where you file. The former $250 surcharge under RSMo § 488.650 was repealed in 2023. If you cannot afford the fee, ask the court for permission to proceed as a poor person (RSMo § 514.040). If you cannot afford the fees, file a Motion to Proceed as a Poor Person to request a waiver.

4

Serve all parties

Name all agencies that possess records of the arrest or conviction as defendants in the petition. The court clerk notifies the prosecuting attorney. All named parties must be served. The prosecutor has 30 days after service to file a written objection.

5

Attend the court hearing

If the prosecutor objects, the court holds a hearing within 60 days of the objection. The judge evaluates whether you meet all statutory criteria, including public safety and the interests of justice. Your sworn statement about meeting these criteria creates a rebuttable presumption in your favor. Victim testimony alone cannot be the sole basis for denial.

6

Receive the court order

The court must issue a decision within 6 months of filing. If granted, your records are sealed under RSMo 610.120 and the Missouri State Highway Patrol requests the FBI to expunge federal records. If denied, you may refile after one year or appeal the decision.

Automatic Relief in Missouri

Missouri now has limited automatic relief. Under RSMo § 610.141 (SB 1421, 2026), eligible drug possession and drug paraphernalia convictions are to be expunged automatically 1 year (misdemeanor) or 3 years (felony) after final disposition, with no petition. The Highway Patrol must run this by January 1, 2027 at the latest. Amendment 3 (2022) directed courts to expunge most marijuana offenses. Arrest reports with no charge filed within 30 days, and records of dismissed or acquitted cases, become closed records automatically. All other convictions still require a court petition under § 610.140.

ScenarioTiming and conditions

Costs

Filing fee
$98 for arrest records; $348 for conviction records (varies slightly by county)
Fee waiver
If you cannot afford court costs, you can ask the court for permission to proceed as a poor person (RSMo § 514.040). The former $250 expungement surcharge was repealed in 2023.
Attorney (optional)
$400–$2,500 typical range ($1,750 for misdemeanors, $2,500 for felonies at some firms)

The former $250 expungement surcharge (RSMo § 488.650) was repealed effective August 28, 2023. Ordinary court filing costs still apply, and some legal aid organizations offer free help.

Timeline

With attorney
2–4 months
Standard
4–6 months

By statute, all expungement cases must be concluded within 6 months of filing. The prosecutor has 30 days to object, and if objections are filed, a hearing must occur within 60 days. Older cases may take longer due to record retrieval.

Effects of the relief

  • ✓Seals the record from public view — it no longer appears on most background checks
  • ✓Restores the person to the status they held before the arrest or conviction, as if it never occurred
  • ✓Fully restores civil rights including voting, eligibility for public office, and jury service (as of 2025)
  • ✓Allows the person to legally answer 'no' to questions about arrests or convictions on most employment and housing applications
  • ✓Restores firearm rights under state law (RSMo 610.140)
  • ✓Missouri State Highway Patrol requests the FBI to remove the record from federal databases

Limits of the relief

  • ✗Does NOT destroy the record — a court order can reopen it
  • ✗Does NOT automatically remove records from the FBI's NICS database (attorney must submit proof separately)
  • ✗Does NOT eliminate the obligation to disclose expunged offenses for professional licenses, liquor permits, firearms permits, or law enforcement employment
  • ✗Does NOT apply to immigration proceedings — federal authorities may still access the record
  • ✗Does NOT remove sex offender registration requirements (these offenses are ineligible)
  • ✗Does NOT expunge intoxication-related traffic offenses (except first-offense misdemeanor DWI under RSMo 610.130)
  • ✗Must still disclose when applying to work for federally insured financial institutions, insurance companies, or emergency services entities

Other Relief Options in Missouri

Governor's Pardon (Executive Clemency)

Available 3 years after discharge from sentence with no intervening convictions. A full pardon restores all rights of citizenship and removes disqualifications from the conviction but does not erase the criminal record. Apply through the Missouri Department of Corrections.

DWI Expungement (RSMo 610.130)

First-offense misdemeanor DWI offenders may petition for expungement after a 10-year waiting period. Must have no subsequent intoxication-related offenses, no pending DWI charges, and no alcohol-related enforcement contacts. Requires a court hearing.

Partial Pardon / Restoration of Rights

A partial pardon from the Governor can provide limited relief, such as restoring specific civil rights, without the full scope of a complete pardon.

Frequently Asked Questions

How much does expungement cost in Missouri?
Missouri's former $250 expungement surcharge (RSMo § 488.650) was repealed effective August 28, 2023. Ask the circuit clerk where you file for the current filing fee. Automatic expungement under § 610.141 and marijuana expungement under Amendment 3 require no filing fee. If you cannot afford the fees, you may request a waiver by filing a Motion to Proceed as a Poor Person. Attorney fees typically range from $400 to $2,500 depending on the complexity of the case. Some legal aid organizations offer free assistance.
How long does expungement take in Missouri?
The process typically takes 2 to 6 months from filing to completion. By statute, all expungement cases must be resolved within 6 months of filing. The prosecutor has 30 days to object after being served, and if an objection is filed, a hearing must occur within 60 days. Older cases may take longer because retrieving records can be more difficult.
Can a felony be expunged in Missouri?
Yes, most felonies can be expunged in Missouri. As of January 1, 2025, you may expunge up to two felony offenses in your lifetime. However, Class A felonies, dangerous felonies, offenses where death is an element, felony assault, domestic assault, felony kidnapping, and sex offenses requiring registration are permanently ineligible. The waiting period for felony expungement is 3 years after completing your sentence.
What changed in Missouri's expungement law in 2025?
SB 754, effective January 1, 2025, made several changes: lifetime limits increased to two felonies and three misdemeanors (up from one and two); the arrest record waiting period dropped from 3 years to 18 months; expungement now fully restores civil rights including voting, public office eligibility, and jury service; victim testimony alone can no longer be the sole basis for denying a petition; and four new offenses were added to the ineligible list.
Does expungement restore gun rights in Missouri?
Yes, under state law, expungement fully restores firearm rights. However, the FBI's NICS background check system may not automatically reflect the expungement. Your attorney should submit proof of the expungement order to the FBI and open a Voluntary Appeal File (VAF) to ensure federal records are updated. Missouri law says a § 610.140 expungement is a complete removal of all effects of the conviction for purposes of the federal misdemeanor domestic violence firearm provision (18 U.S.C. § 921(a)(33)(B)(ii)). However, misdemeanor and felony domestic assault convictions are not eligible for expungement, and you must still disclose an expunged crime when applying for a firearms permit under chapter 571.
Can I expunge a DWI in Missouri?
First-offense misdemeanor DWI convictions may be expunged under a separate statute (RSMo 610.130) after a 10-year waiting period. You must have no subsequent intoxication-related offenses, no pending DWI charges, and no other alcohol-related enforcement contacts. Multiple DWI offenses and felony DWI convictions are not eligible for expungement.
Can I do my own expungement without a lawyer in Missouri?
Yes, you can file a pro se (self-represented) expungement petition. Missouri Courts provides free forms including the Petition for Expungement (CR360) at courts.mo.gov. However, the process requires correctly identifying all agencies holding your records, properly serving all parties, and potentially attending a hearing. For felony expungements or complex cases, consulting an attorney is recommended.
What happens if my expungement petition is denied?
If your petition is denied, you may refile after one year or appeal the court's decision. Common reasons for denial include unmet waiting periods, outstanding fines or restitution, new criminal activity during the waiting period, or the court determining that expungement is not in the interest of justice or public safety.

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