RSMo §610.140
RSMo §610.122
Waiting Periods Explained
⚠ Not Legal Advice
How Do You Expunge a Criminal Record from Missouri CaseNet?
Missouri criminal record expungement under RSMo §610.140 removes a qualifying conviction from public Missouri CaseNet access after a 3-year waiting period (misdemeanors) or 7-year waiting period (Class D/E felonies), completion of all sentence terms, and approval by the Missouri Circuit Court where the conviction was entered.
3 yrsMisdemeanor waiting period
7 yrsClass D/E felony waiting period
1Lifetime felony expungement max
2Lifetime total expungements max
18 moArrest-without-conviction wait
⚖️ Informational only — not legal advice: Missouri expungement law (RSMo §610.140) has been amended multiple times since 2014. Waiting periods, eligible offenses, and procedural requirements change with each legislative session. Verify current requirements with a licensed Missouri criminal defense attorney before filing any petition. The information on this page reflects the statute as of the page’s last-reviewed date and may not reflect the most current version.
What Is Missouri Criminal Record Expungement Under RSMo §610.140?
Missouri criminal record expungement under RSMo §610.140 is a Missouri Circuit Court process that removes a qualifying criminal conviction from public Missouri CaseNet access, seals the record from most consumer background check agencies under the Fair Credit Reporting Act (15 U.S.C. §1681), and restores the petitioner’s legal right to deny the conviction existed — after satisfying the statutory waiting period and all sentence obligations.
Missouri expungement operates through 2 distinct statutes: RSMo §610.140 governs expungement of criminal convictions (misdemeanors, Class D and E felonies, and certain traffic offenses), while RSMo §610.122 governs expungement of arrest records without a resulting conviction. Each statute carries separate eligibility criteria, waiting periods, and petition procedures.
The Missouri Supreme Court authorizes public access to court records through the Office of State Courts Administrator (OSCA) via the Missouri Court Automation Program (MCAP) — the system that powers Missouri CaseNet. A court-granted expungement order instructs OSCA to remove the record from MCAP’s public-facing database, after which the case no longer appears in any of Missouri CaseNet’s 5 public search methods within approximately 30 days of the court’s order.
Missouri Expungement — Entity-Attribute-Value Reference
| Attribute | Value |
|---|---|
| Governing statute — convictions | RSMo §610.140 — Missouri Revised Statutes, enacted 2014, amended 2016, 2018, and subsequently |
| Governing statute — arrests without conviction | RSMo §610.122 — applies to arrests where no charges were filed, charges were dismissed, or the defendant was acquitted |
| Waiting period — misdemeanor conviction | 3 years after completion of entire sentence, including probation, parole, and payment of all court costs and fines |
| Waiting period — Class D or E felony | 7 years after completion of entire sentence, including all Missouri Board of Probation and Parole supervision requirements |
| Waiting period — arrest without conviction | 18 months from the date of arrest under RSMo §610.122 — separate petition from §610.140 |
| Lifetime maximum — felony expungements | 1 felony expungement per lifetime (RSMo §610.140 limit) |
| Lifetime maximum — total expungements | 2 total expungements per lifetime across all offense classes combined |
| Where petition is filed | Missouri Circuit Court where the conviction was originally entered — not the county where the person currently lives |
| Parties notified | The arresting law enforcement agency, the Missouri State Highway Patrol (MSHP), the Missouri Attorney General’s office, and the prosecuting attorney of the originating county |
| Court hearing | Required — the state may object. The petitioner bears the burden of demonstrating eligibility under RSMo §610.140. |
| Effect on Missouri CaseNet | Case removed from all 5 public CaseNet searches within approximately 30 days of court’s expungement order. EXPU docket code appears before removal. |
| Effect on MSHP criminal history | MSHP maintains a separate criminal history database. State expungement removes public CaseNet access but may not automatically seal MSHP records — separate process applies. |
| Effect on federal background checks | State expungement does NOT remove the record from federal FBI NCIC databases or federal court records (PACER). Federal agencies retain access under specific circumstances. |
| Employment right after expungement | Under RSMo §610.140(8), a person with an expunged record may legally answer “no” when asked about the expunged conviction on most employment, housing, and licensing applications. |
Who Qualifies for Missouri Expungement Under RSMo §610.140?
A petitioner qualifies for Missouri expungement under RSMo §610.140 by satisfying 5 concurrent conditions: the applicable waiting period has elapsed, all sentence terms are complete, no criminal charges are pending, no subsequent disqualifying convictions have been entered, and the offense is not among the 19 ineligible offense categories defined in RSMo §610.140(12).
5 Conditions Required for Missouri Expungement Eligibility
-
Waiting period elapsed The statutory waiting period has elapsed: 3 years for misdemeanor convictions, 7 years for Class D and E felony convictions, measured from the date of completion of the entire sentence including probation and parole under RSMo §610.140(3).
-
All sentence terms completed The petitioner completed all terms of the sentence — imprisonment, probation under Missouri Board of Probation and Parole supervision, parole, payment of all court costs, fines, fees, and restitution to any victim. Unpaid court costs disqualify the petition.
-
No pending criminal charges No criminal charges are pending in any Missouri Circuit Court or any other jurisdiction at the time of filing. A single pending charge — misdemeanor or felony — bars the petition until the pending matter resolves.
-
No subsequent disqualifying conviction entered No subsequent conviction has been entered for any offense that is ineligible for expungement, including Class A and B felonies, dangerous felonies, sex offenses requiring MSHP Sex Offender Registry (SOR) registration, and offenses against persons under 18.
-
Offense not in the ineligible category list The conviction is not among the 19 offense categories ineligible for expungement under RSMo §610.140(12) — including Class A felonies, Class B felonies with serious bodily injury, all dangerous felonies as defined in RSMo §556.061, and any offense that required registration on the Missouri Sex Offender Registry.
⚖️ Missouri Expungement Eligibility — Quick Check
Select your conviction class to see the applicable waiting period and general eligibility status.
What Are the Statutory Waiting Periods for Missouri Expungement?
Missouri expungement waiting periods under RSMo §610.140 are: 3 years after completion of the entire sentence for most misdemeanor and traffic offense convictions, and 7 years after completion of the entire sentence for Class D and E felony convictions. The waiting period for arrest records without conviction under RSMo §610.122 is 18 months from the date of arrest.
📊 When the waiting period clock starts: The waiting period begins on the date the petitioner completed all sentence terms — not the date of conviction, not the date of arrest. Sentence terms include the final day of probation, the final day of parole, and the date the last court cost payment was processed. Filing before all terms are complete results in automatic denial.
| Offense Class | Waiting Period | Clock Starts | Governing Statute |
|---|---|---|---|
| Class A misdemeanor | 3 years | Completion of full sentence, including probation and all fines | RSMo §610.140 |
| Class B misdemeanor | 3 years | Completion of full sentence, including all probation terms | RSMo §610.140 |
| Class C misdemeanor | 3 years | Completion of full sentence and all court-ordered obligations | RSMo §610.140 |
| Traffic violation (qualifying) | 3 years | Payment of fine and completion of any driving school or suspension period | RSMo §610.140 |
| Class D felony | 7 years | Discharge from Missouri Board of Probation and Parole supervision and payment of all restitution | RSMo §610.140 |
| Class E felony | 7 years | Discharge from all DOC supervision, including parole, and payment of all restitution | RSMo §610.140 |
| Arrest without charges filed | 18 months | Date of the qualifying arrest (not date of release or dismissal) | RSMo §610.122 |
| Arrest — charges dismissed | 18 months | Date of the arrest — not the date charges were dismissed | RSMo §610.122 |
| Arrest — acquittal at trial | 18 months | Date of the arrest — the acquittal verdict date does not restart the clock | RSMo §610.122 |
What Criminal Offenses Are Ineligible for Missouri Expungement?
RSMo §610.140(12) designates 19 offense categories as permanently ineligible for expungement in Missouri, including all Class A and B felonies, all dangerous felonies defined under RSMo §556.061, sex offenses requiring Missouri Sex Offender Registry (MSHP SOR) registration, and any offense where the victim was a person under 18 years of age at the time of the offense.
| Ineligible Category | Examples | Reason for Ineligibility |
|---|---|---|
| Class A felonies | Murder 1st degree (RSMo §565.020), kidnapping 1st degree, rape 1st degree | Most serious felony classification — life imprisonment eligible |
| Class B felonies causing serious bodily injury | Assault 1st degree, robbery 1st degree, assault of a law enforcement officer 1st degree | Permanent public safety record requirement |
| Dangerous felonies (RSMo §556.061) | Arson 1st degree, kidnapping 1st degree, assault 1st degree, forcible rape, sodomy 1st degree, robbery 1st degree | Defined by RSMo §556.061 as inherently dangerous — 22 specific offenses listed |
| Sex offenses requiring SOR registration | Any offense under RSMo §589.400 requiring registration on the Missouri Sex Offender Registry (MSHP SOR) | Lifetime registration requirement precludes expungement |
| Offenses against victims under 18 | Child abuse, child sexual abuse, endangering the welfare of a child, statutory rape | Child victim protection policy under RSMo §610.140(12)(h) |
| Driving while intoxicated (DWI/DUI) — felony | Class C/D felony DWI under RSMo §577.010 — prior misdemeanor DWIs may limit eligibility | Public safety — ineligible if any prior intoxication conviction exists per RSMo §610.140(12) |
| Domestic assault (any class with prior) | Domestic assault 1st–3rd degree with a prior domestic violence conviction or order of protection | Federal Lautenberg Amendment prevents firearm possession — expungement withheld |
| Elder abuse offenses | Financial exploitation of the elderly or disabled (RSMo §570.145), elder abuse | Victim protection statute — permanent record required |
⚠️ Ineligibility is offense-specific, not conviction-date-specific: A Class A felony conviction entered in 1995 remains permanently ineligible for expungement in 2026 — no amount of time changes ineligibility under RSMo §610.140(12). If any single count in a multi-count conviction is ineligible, that specific count cannot be expunged, though other eligible counts in the same case may be expunged separately on petition.
How Do You File a Missouri Expungement Petition Under RSMo §610.140?
Filing a Missouri expungement petition requires 7 steps: confirm eligibility, draft the petition identifying the exact case number and offense, file in the Missouri Circuit Court where the conviction was entered, pay the filing fee, serve the required parties (MSHP, prosecuting attorney, and law enforcement agency), attend the court hearing, and follow up to confirm CaseNet record removal after the court grants the order.
-
Confirm eligibility before filing Verify that the conviction is not among the 19 ineligible offense categories under RSMo §610.140(12), the full waiting period has elapsed (3 years for misdemeanors, 7 years for Class D/E felonies), all sentence terms and restitution payments are complete, and no pending criminal charges exist in any jurisdiction. Premature filing results in denial and wastes the filing fee.
-
Pull the exact case information from Missouri CaseNet Search Missouri CaseNet Litigant Name Search or Missouri CaseNet Case Number Search to obtain the exact case number, offense description, RSMo statute citation, filing court, and the exact date the case was disposed. The petition must reproduce these details precisely — any discrepancy delays or defeats the petition.
-
Draft the petition per RSMo §610.140(3) requirements The petition must include 9 required elements: the petitioner’s full legal name and date of birth, the exact case number and offense, the date of conviction, the sentence imposed, the date all sentence terms were completed, the names of all victims (if any), a statement that the petitioner has no pending charges, a statement identifying all prior expungements, and the petitioner’s current address for service. Missouri courts provide standard petition forms — ask the circuit clerk for Form CPCR.
-
File the petition in the originating circuit court and pay the fee File the completed petition in the Missouri Circuit Court clerk’s office in the county where the conviction was entered — not the county where the petitioner currently lives. The filing fee varies by circuit, typically ranging from $25 to $100. Bring 4 copies of the petition: 1 for the court file, 1 for the petitioner, and 2 for service on required parties.
-
Serve the 4 required parties per RSMo §610.140(4) RSMo §610.140(4) requires service of the petition on 4 parties: the arresting law enforcement agency, the Missouri State Highway Patrol (MSHP) Criminal Records Division, the Missouri Attorney General’s office, and the prosecuting attorney of the county where the conviction was entered. Service by certified mail is typically accepted. Proof of service must be filed with the court before the hearing.
-
Attend the expungement hearing The Missouri Circuit Court schedules a hearing approximately 30–90 days after filing. At the hearing, the judge reviews the petition, considers any objections filed by the prosecuting attorney or law enforcement agencies, and evaluates whether the petitioner demonstrates — by a preponderance of the evidence — that granting the expungement is in the best interests of justice under RSMo §610.140(5). The petitioner must appear in person or through retained counsel.
-
Confirm Missouri CaseNet record removal after the order is granted After the court grants the expungement order, the circuit clerk enters the EXPU docket code in the case record (visible in How to Read Missouri CaseNet Docket Entries). OSCA removes the case from all public CaseNet searches within approximately 30 days of the order. Search your own name in Missouri CaseNet after 30 days to confirm removal. If the record still appears after 45 days, contact OSCA’s CaseNet Help Desk.
💡 Attorney vs. self-representation: RSMo §610.140 does not require an attorney — petitioners file pro se (self-represented) in Missouri courts. However, 3 specific situations warrant retaining licensed Missouri criminal defense counsel: the prosecuting attorney or a law enforcement agency filed an objection, the conviction involved a victim requiring notification, or the petitioner has a prior criminal history that may affect the judge’s “best interests of justice” determination.
What Happens to Missouri CaseNet Records After Expungement Is Granted?
After a Missouri court grants expungement under RSMo §610.140, 4 changes occur to the case record: the circuit clerk enters the EXPU docket code, OSCA removes the case from public CaseNet searches within approximately 30 days, the record no longer appears in any litigant name, case number, filing date, or judgment index search, and the MSHP is notified to update its criminal history records.
1
Day 0 — Court grants expungement order
The Missouri Circuit Court judge signs the expungement order in open court. The circuit clerk enters a docket entry with the EXPU code in the case record on CaseNet — visible briefly to the public, confirming the expungement was granted.
2
Days 1–7 — MSHP and agencies notified
The circuit clerk serves certified copies of the expungement order on the Missouri State Highway Patrol (MSHP) Criminal Records Division, the arresting law enforcement agency, and the Missouri Attorney General — as required by RSMo §610.140(6).
3
Days 7–30 — OSCA removes record from CaseNet
OSCA processes the expungement order and removes the case from the MCAP public-facing database. After processing, the case no longer appears in CaseNet’s Litigant Name Search, Case Number Search, Filing Date Search, Scheduled Hearings Search, or Judgment Index Search.
4
Day 30–45 — Confirm removal
Search your own name in Missouri CaseNet Litigant Name Search to confirm the record no longer appears. If the record remains visible after 45 days, contact the OSCA CaseNet Help Desk and provide the expungement order number.
⚠️ What expungement does NOT remove: 4 record types remain accessible after a Missouri state expungement: (1) federal FBI NCIC criminal history records — state expungement does not remove federal records, (2) federal court records in PACER — a state expungement order has no effect on federal judiciary databases, (3) privately compiled background check databases that captured the record before expungement, and (4) news articles, media reports, and online publications — expungement removes the court record, not news coverage of the case.
What Is the Difference Between Missouri Expungement and Record Sealing?
Expungement under RSMo §610.140 removes a conviction from public CaseNet access entirely and allows the petitioner to legally deny the conviction existed. Record sealing under RSMo §610.120 restricts access to non-conviction records — arrests and charges not resulting in conviction — without removing the record from law enforcement databases. Expungement applies to convictions; sealing applies primarily to arrests without conviction.
⚖️ Expungement — RSMo §610.140
Applies to criminal convictions — guilty pleas, verdicts, Alford pleas
Removes the record from public CaseNet searches
Petitioner may legally deny the conviction existed on most applications
Requires 3-year (misdemeanor) or 7-year (felony) waiting period
Limited to 1 felony and 2 total per lifetime
MSHP notified — criminal history updated
Does NOT affect federal FBI NCIC records
🔒 Record Sealing — RSMo §610.120 / §610.122
Applies to non-conviction arrest records — charges dismissed, acquittals, no charges filed
Restricts access — record sealed from most public access but not destroyed
Law enforcement retains access to sealed records for criminal history purposes
Requires 18-month waiting period from arrest date under RSMo §610.122
No lifetime limit on qualifying arrests
Does not require court hearing in all circumstances
Also removes arrest from public CaseNet view upon grant
How Does a Missouri SIS (Suspended Imposition of Sentence) Affect Expungement?
A Suspended Imposition of Sentence (SIS) under RSMo §557.011 delays the imposition of a criminal sentence while the defendant completes probation — meaning no conviction exists during the SIS probation period. Expungement under RSMo §610.140 applies to convictions, so a successful SIS probation completion may eliminate the need for expungement — but the CaseNet case record remains visible until either expunged by separate petition or automatically closed upon successful SIS completion.
| Sentence Type | Conviction on Record? | CaseNet Visibility | Expungement Needed? |
|---|---|---|---|
| SIS — Suspended Imposition of Sentence (RSMo §557.011) | No — no conviction entered during successful SIS probation | Case remains visible in CaseNet until expunged. EXPU petition still needed to remove CaseNet record after SIS success. | Petition still required — SIS success alone does not remove the CaseNet record. Waiting period: 3 years from SIS probation completion. |
| SES — Suspended Execution of Sentence (RSMo §557.011) | Yes — conviction IS entered on record, sentence execution suspended | Conviction appears on CaseNet during SES probation and after, until expunged. | Petition required — a conviction exists and the RSMo §610.140 process applies. Waiting period: 7 years from sentence completion (if Class D/E felony). |
| Standard guilty plea — sentence imposed | Yes — conviction entered at sentencing | Conviction appears on CaseNet until expunged by RSMo §610.140 order. | Petition required — standard RSMo §610.140 process applies based on offense class and waiting period. |
⚠️ SIS probation violation — expungement eligibility impact: A revoked SIS probation (REVK docket entry on CaseNet) converts the SIS into an SES — a conviction is then entered. The waiting period for expungement does not begin until the full sentence following revocation is completed. A probation revocation does not bar expungement eligibility unless the new offense is itself ineligible.
What Is Missouri RSMo §610.122 — Expungement of Arrest Records Without Conviction?
RSMo §610.122 authorizes expungement of Missouri arrest records in 3 qualifying circumstances — no charges were filed within 18 months of the arrest, the charges filed were later dismissed, or the defendant was acquitted at trial — after an 18-month waiting period measured from the date of the qualifying arrest, with no subsequent conviction during that period.
Qualifying Circumstance 1 — No Charges Filed Within 18 Months
Arrest records qualify for RSMo §610.122 expungement when the arresting law enforcement agency made the arrest but the prosecuting attorney did not file criminal charges within 18 months of the arrest date.
| Attribute | Value |
|---|---|
| CaseNet appearance | An arrest may not create a CaseNet case record if no charges were filed — but some counties enter arrest records as case stubs. Check both CaseNet and MSHP records. |
| Waiting period | 18 months from the date of the arrest |
| Disqualifying factor | Any subsequent criminal conviction during the 18-month period bars the RSMo §610.122 petition |
| Where to petition | Missouri Circuit Court in the county where the arrest occurred — even if no case was ever filed |
Qualifying Circumstance 2 — Charges Filed but Subsequently Dismissed
Arrest records qualify for RSMo §610.122 expungement when the prosecutor filed criminal charges but the court subsequently dismissed them — through DIS W/P (dismissed with prejudice), DIS W/O P (dismissed without prejudice), or NOLLE (Nolle Prosequi) — and no conviction resulted.
| Attribute | Value |
|---|---|
| CaseNet appearance | The dismissed case remains visible in CaseNet (DISMD or DIS W/P docket entries) until the RSMo §610.122 petition is granted and OSCA removes the record |
| Waiting period | 18 months from the date of arrest — NOT from the date the charges were dismissed |
| DIS W/P vs DIS W/O P distinction | Both qualify for RSMo §610.122 expungement — the distinction matters only for whether the prosecutor can refile, not for expungement eligibility |
| NOLLE (Nolle Prosequi) | A NOLLE docket entry on CaseNet confirms the prosecutor dropped charges — qualifies for RSMo §610.122 expungement after 18 months from arrest date |
Qualifying Circumstance 3 — Acquittal at Trial
Arrest records qualify for RSMo §610.122 expungement when the case proceeded to trial — bench trial or jury trial — and the court or jury returned a not-guilty verdict (acquittal) on all counts.
| Attribute | Value |
|---|---|
| CaseNet appearance | The acquittal appears in docket entries as a verdict entry. The case record (including all charges and trial history) remains visible in CaseNet until the RSMo §610.122 petition removes it. |
| Waiting period | 18 months from the date of the original arrest — not from the date of the acquittal verdict |
| Partial acquittal | Acquittal on some counts but conviction on others: RSMo §610.122 applies only to the acquitted counts. The conviction counts require RSMo §610.140 expungement separately, with applicable waiting periods. |
| Double jeopardy | A full acquittal bars the prosecutor from retrying the same charges (U.S. Const., Amendment V). RSMo §610.122 expungement removes the arrest record — it does not affect the double jeopardy protection. |
Frequently Asked Questions — Missouri Expungement and CaseNet Records
The 10 most common questions about Missouri expungement and CaseNet address how long expungement takes, whether employers can see expunged records, how SIS affects eligibility, whether a dismissed case needs expungement, what happens after a denied petition, how marijuana convictions are treated, expungement and federal background checks, lifetime petition limits, the difference between expungement and a pardon, and how to verify CaseNet removal.
How long does the Missouri expungement process take from petition filing to CaseNet removal?
The Missouri expungement process takes 3 to 6 months from petition filing to CaseNet record removal in most Missouri circuits. The timeline breaks down into 4 phases: (1) petition filing to first hearing date — typically 30 to 90 days depending on the circuit’s docket, (2) the hearing itself — typically 15 to 30 minutes if uncontested, (3) MSHP and agency notification period — 7 to 14 days, and (4) OSCA processing and CaseNet removal — approximately 30 days after the court’s order. Contested petitions — where the prosecuting attorney or a law enforcement agency objects — extend the timeline by 60 to 120 days for additional hearings.
Can employers see an expunged criminal record after Missouri CaseNet removes it?
3 situations determine employer access to expunged Missouri records: (1) Standard employment background checks — consumer reporting agencies governed by the Fair Credit Reporting Act (15 U.S.C. §1681) cannot report expunged records in most Missouri employment screening contexts, and RSMo §610.140(8) authorizes the petitioner to deny the conviction existed; (2) Specific occupational licensing and public positions — law enforcement officers, licensed healthcare professionals, licensed teachers, and others in positions of public trust may be required by separate statutes to disclose expunged records to licensing boards; (3) Federal employment and security clearances — federal agencies, contractors with security clearances, and military service applicants must disclose expunged state convictions because federal background checks access FBI NCIC records unaffected by Missouri state expungement. Verify with a licensed Missouri employment attorney which disclosure rules apply to your specific industry.
Does a dismissed case on Missouri CaseNet need to be expunged?
A dismissed case does not disappear automatically from Missouri CaseNet — the record remains publicly visible until expunged by separate petition under RSMo §610.122 (for arrests without conviction) or RSMo §610.140 (if the dismissal followed a conviction). A DISMD, DIS W/P, DIS W/O P, or NOLLE docket entry confirms the case was dismissed but does not trigger CaseNet removal. Employers, landlords, and background check services accessing CaseNet directly can see a dismissed case. Filing a RSMo §610.122 petition after the 18-month waiting period removes the arrest and case record from public CaseNet view.
What happens if the Missouri circuit court denies the expungement petition?
If the Missouri Circuit Court denies the expungement petition, 3 options are available to the petitioner: (1) Appeal — the denial may be appealed to the Missouri Court of Appeals within 30 days of the order under RSMo §512.020; (2) Refile — RSMo §610.140 does not specify a mandatory waiting period before refiling a denied petition, but courts consider the same factors and a new filing without changed circumstances will likely result in the same outcome; (3) Address the grounds for denial — if the court identified specific deficiencies (outstanding restitution, pending charges, insufficient waiting period elapsed), curing those deficiencies and refiling produces a better outcome. A denial order remains as a DENIED docket entry in the case record — it does not affect the original conviction’s CaseNet visibility.
Are Missouri marijuana convictions eligible for expungement?
Missouri marijuana possession convictions gained a separate expungement pathway through Amendment 3 to the Missouri Constitution, approved by voters in November 2022. Under Article XIV, Section 2 of the Missouri Constitution, Class D misdemeanor marijuana possession convictions (RSMo §579.015 — possession under 10 grams) are eligible for automatic record expungement through a separate process distinct from RSMo §610.140. For marijuana convictions that do not qualify for the constitutional pathway, RSMo §610.140 applies — a Class D or E felony marijuana conviction requires the standard 7-year waiting period. Contact the Missouri Department of Corrections or a licensed Missouri criminal defense attorney to determine which pathway applies to your specific marijuana conviction.
Does Missouri expungement remove the record from the Missouri State Highway Patrol (MSHP) criminal history database?
Missouri expungement under RSMo §610.140(6) requires the circuit clerk to notify the Missouri State Highway Patrol (MSHP) Criminal Records and Identification Division of the expungement order. MSHP is then required to update its records to reflect the expungement. However, MSHP maintains criminal history records separate from CaseNet — the records are updated (expunged flag added) but the underlying arrest and conviction data may remain in MSHP’s law enforcement-only database, accessible to law enforcement and certain licensing agencies. MSHP criminal history records are distinct from CaseNet: CaseNet is a public court records system; MSHP criminal history is a law enforcement database. A Missouri $14 criminal history background check (available at mshp.dps.mo.gov) from a private individual will no longer return the expunged record after MSHP processes the expungement notice.
Does Missouri expungement affect federal background checks and FBI records?
Missouri state expungement does not remove or alter federal FBI NCIC records. The FBI National Crime Information Center (NCIC) database maintains criminal history information received from state agencies at the time of arrest and conviction. A Missouri state expungement order instructs Missouri state agencies (OSCA, MSHP) to seal the record — but it carries no authority over the FBI’s federal database. 2 federal situations are particularly relevant: (1) Federal employment — SF-86 federal security clearance applications and federal law enforcement applications require disclosure of expunged state convictions; (2) Federal firearms eligibility — a federal felony firearms disability (18 U.S.C. §922(g)(1)) is not removed by a state expungement under the U.S. Supreme Court’s ruling in Beecham v. United States (1994). Firearms eligibility after expungement requires a separate Missouri Governor’s pardon, not the RSMo §610.140 process.
What is the lifetime limit on Missouri expungement petitions?
RSMo §610.140(1) establishes a lifetime maximum of 2 total expungements, with the following specific constraints: (1) 1 felony expungement per lifetime — a person who has had 1 felony conviction expunged under RSMo §610.140 cannot petition for a second felony expungement; (2) 2 total expungements across all offense classes combined — a person may expunge 2 misdemeanor convictions, or 1 misdemeanor and 1 felony, but not 3 convictions total. These limits apply to RSMo §610.140 conviction expungements only — RSMo §610.122 arrest record expungements are counted separately and do not reduce the RSMo §610.140 lifetime allotment.
What is the difference between a Missouri expungement and a Missouri Governor’s pardon?
Missouri expungement under RSMo §610.140 and a Missouri Governor’s pardon are 2 separate legal processes with different effects and authorities: Expungement removes the conviction from public CaseNet access and most consumer background checks — it is a court process available as a right to eligible petitioners. It does not restore all civil rights and does not affect federal records. A Missouri Governor’s pardon (issued under Article IV, Section 7 of the Missouri Constitution) is an executive act of clemency that formally forgives the conviction — it does not remove the record from CaseNet but does restore civil rights, including the right to hold public office and, in some circumstances, the right to possess firearms. A pardon combined with an expungement provides the most comprehensive relief: the pardon restores civil rights while the expungement removes the public record.
How do you verify that Missouri CaseNet removed your record after expungement?
Verify CaseNet record removal using 3 search methods: (1) Litigant Name Search — search your full legal name at courts.mo.gov/casenet using Missouri CaseNet Litigant Name Search with the Include Alias Information checkbox enabled; (2) Case Number Search — search the exact case number of the expunged case using Missouri CaseNet Case Number Search — if expungement processed correctly, the system returns no results; (3) Judgment Index Search — search your name in Missouri CaseNet Judgment Index Search to confirm any judgment entries from the expunged case are also removed. Allow 30 to 45 days after the court order before verifying. If the record remains after 45 days, contact the OSCA CaseNet Help Desk with a copy of the signed expungement order and the case number.