Can I get a felony expunged from my record in Missouri?

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Question:

Can I get a felony expunged from my record in Missouri?

Answer:

In Missouri, felonies are classified in four categories: Class A, Class B, Class C and Class D. Class A include the most severe and violent crimes such as murder and rape; consequently, Class A felonies carry the most stringent penalties including death in some cases. The subsequent classes devolve in severity of the crimes charged as well as the penalties incurred. Therefore, Class D felonies incur less prison time and less stringent fines. Missouri generally does not allow expungement of felony offenses.

Classified minimum jail terms

Class A (e.g., murder, rape, kidnapping, robbery) - a minimum of 10 to 30 years imprisonment

Class B (voluntary manslaughter, possession of a controlled substance ) - a minimum of 5 years

Class C (involuntary manslaughter, theft, felony DUI) - up to 7 years

Class D (fraud, passing a bad check, driving on a revoked license) - up to 4 years

Missouri requires that prosecution charges for a felony offense be filed within a statutory period. However there is no limitation for murder or other Class A felonies such as rape, robbery or kidnapping.

Missouri expungement

Although Missouri does not permit expungement unless the original arrest was based on erroneous information and the following conditions are present:

  • there was no probable cause that the defendant committed the offense;
  • no charges were pursued subsequent to the arrest;
  • the defendant has no other misdemeanor or felony convictions;
  • the defendant was not granted a suspended sentence for the offense;
  • there is pending no civil action arising from the underlying issue; or
  • the arrest was based on false information and the preceding conditions exist.

Consult with an attorney to discuss the exceptions provided by Missouri's expungement laws for felonies.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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