What is DUI expungement, and is it possible in Missouri?
DUI expungement is the process of having a DUI conviction removed from a person’s criminal record. In Missouri, DUI expungement is possible under certain circumstances. Generally speaking, expungement is available if the conviction was for a first offense, if the defendant successfully completed the terms of their sentence, and if the defendant has not been convicted of another alcohol-related offense in the past five years.
What are the eligibility criteria for DUI expungement in Missouri?
In Missouri, a person may be eligible to have a DUI expunged from their record if:
1. The individual has successfully completed all terms and conditions of their sentence, including any applicable probation.
2. The charge was dismissed, acquitted, or acquitted due to a lack of sufficient evidence.
3. The individual has no other convictions within the last 10 years, including any other DUI charges.
4. The individual is not currently charged with another offense or facing any other pending charges.
5. The individual is not currently on probation for any other offense.
6. The individual has not been convicted of any other felony since the date of the DUI offense.
Is there a waiting period before someone can apply for DUI expungement in Missouri?
Yes, there is a waiting period before someone can apply for DUI expungement in Missouri. The waiting period is five years from the date of conviction or discharge from probation, whichever is later.
What types of DUI convictions may be eligible for expungement in Missouri?
In Missouri, certain DUI convictions may be eligible for expungement under the Expungement Act. Generally, in order to be eligible for expungement, the DUI conviction must be a misdemeanor and must not have resulted in physical injury. However, some felony DUI convictions may also be eligible for expungement if certain criteria are met, such as a plea agreement or successful completion of probation. Additionally, in certain limited circumstances, certain DWI convictions may also be eligible for expungement.
Are there specific conditions or rehabilitation programs required for expungement eligibility in Missouri?
Yes. According to Missouri law, certain conditions must be satisfied in order to be eligible for expungement. These include: completion of all court-imposed terms and requirements; payment of all fines and restitution; and successful completion of any probation or parole required by the court. Additionally, depending on the offense, the applicant may need to complete a rehabilitation program or demonstrate that they have been rehabilitated.
How does someone initiate the DUI expungement process in Missouri?
In order to initiate the DUI expungement process in Missouri, an individual must file a Petition for Expungement with the court. The individual must provide all of the following information: their name, address and phone number; the date and place of arrest; the crime they were charged with; and a copy of their criminal record. The petition should also include a statement explaining why the individual believes they are eligible for an expungement. The court can then review the petition and decide whether or not to grant the expungement.
What documentation or evidence is needed when applying for expungement in Missouri?
When applying for expungement in Missouri, the applicant must submit evidence that demonstrates that they meet the criteria for expungement. This may include a criminal history check, a copy of the original charging document, a completed application to the court, and supporting documentation such as a character reference letter from a responsible adult. In addition, Missouri requires proof of rehabilitation, such as evidence of education, employment, and/or community service. Depending on the severity of the offense and the county in which the case was heard, additional documentation may be required before a petition to expunge can be accepted.
Are there fees associated with filing for DUI expungement in Missouri?
Yes, there are fees associated with filing for DUI expungement in Missouri. The filing fee for a petition to expunge a DWI offense is $50.
Can individuals with multiple DUI convictions apply for expungement in Missouri?
No, individuals with multiple DUI convictions in Missouri are not eligible for expungement. The state of Missouri does not allow for the expungement of any felony or misdemeanor DUI convictions.
Does expungement result in the complete removal of the DUI record, or is it sealed in Missouri?
In Missouri, a DUI record can be expunged (removed) or sealed. If a DUI record is expunged, it is removed from public view and destroyed. If a DUI record is sealed, it is not visible to the public, but it is still accessible to law enforcement and other authorized personnel.
How do employers, landlords, and background check companies view expunged DUI records in Missouri?
Expunged DUI records in Missouri are typically not seen by employers, landlords, or background check companies. According to Missouri law, once a DUI is expunged, the records are sealed and inaccessible to the public. However, some employers may still be able to access the records if they have obtained a court order to do so. It is important to note that while the records may be sealed from public view in Missouri, they may still appear on criminal history reports in other states if they were reported to those states.
Is there a difference between expungement and setting aside a DUI conviction in Missouri?
Yes, there is a difference between expungement and setting aside a DUI conviction in Missouri. Expungement is a process of permanently destroying or sealing records so that they cannot be accessed by the general public. Setting aside a DUI conviction, on the other hand, is an order from the court that removes the conviction from the offender’s criminal record and allows for the individual to legally deny having been convicted of the offense.
Can expunged DUI records be used against an individual in future DUI cases in Missouri?
No, expunged DUI records cannot be used against an individual in future DUI cases in Missouri. Missouri’s laws state that DUI convictions are not eligible for expungement. Therefore, the expunged record will not be available to be used as evidence in any future DUI cases.
Do expunged DUI records affect professional licensing or certifications in Missouri?
Expunged DUI records do not typically affect professional licensing or certifications in Missouri. However, it is important to note that professional licensing and certification boards may be able to access sealed or expunged records if they need to investigate an applicant’s background. Therefore, while an expunged DUI record does not necessarily affect professional licensing or certifications, it is important to disclose any expunged records when applying for such licensing or certification.
Are there any restrictions on firearm ownership after DUI expungement in Missouri?
Yes. In Missouri, individuals with a prior DUI conviction are prohibited from owning firearms for 5 years after the date of their expungement. This applies to any type of firearm, including handguns, shotguns, and rifles.
Is there a waiting period for expungement to take effect after approval in Missouri?
Yes. Once the expungement is granted, Missouri law requires that a waiting period of thirty days must pass before your expungement can take effect.
What role does the court or prosecutor play in the DUI expungement process in Missouri?
The court and prosecutor play a critical role in the DUI expungement process in Missouri. The court must consider the facts of the case and the defendant’s criminal background before deciding whether to grant an expungement. The prosecutor will also have an opportunity to present evidence as to why the expungement should or should not be granted. Ultimately, it is up to the court to decide whether to grant an expungement.
Are there resources or organizations that provide guidance on DUI expungement in Missouri?
Yes, there are several resources and organizations that can provide guidance on DUI expungement in Missouri. The Missouri Bar Association is a great place to start. The Missouri Bar Association offers a free Ask A Lawyer service for attorneys who can answer questions about DUI expungement in the state. Additionally, the Missouri Coalition for Safer Roads (MCSR) offers information and resources for those interested in DUI expungement in the state. The MCSR website provides information on the steps necessary to pursue an expungement, as well as contact information for local attorneys who specialize in DUI expungement. Finally, the Missouri Supreme Court also provides information about DUI expungement on its website. This page includes information on how to file a petition, as well as links to resources and forms related to DUI expungement.
What is the timeline for completing the DUI expungement process in Missouri?
The timeline for completing the DUI expungement process in Missouri varies depending on the specific situation and can take anywhere from 4-9 months. Generally speaking, the first step in the expungement process is to file a petition with the court. This petition must include all necessary information and supporting documents, such as a certified criminal background check, proof of completion of any required rehabilitation programs, and any other relevant documents. Once the petition is filed, a hearing will be scheduled for the court to review the case and decide if an expungement should be granted. If approved, a court order granting the expungement will be issued. After receiving the court order, it will generally take 4-6 weeks for the expungement to be processed by the Missouri State Highway Patrol and all relevant records updated.
How does DUI expungement impact immigration status, if applicable in Missouri?
In Missouri, a DUI expungement will not impact immigration status. However, it is important to note that a DUI conviction can have a significant effect on immigration status. Therefore, if you are an immigrant and have been convicted of a DUI, it is important to seek legal advice to understand how it may impact your status.