Kansas City Expungement Lawyer
25 Years of Legal Experience in Your Corner
Unfortunately, a past conviction or arrest record can negatively impact your future for years to come. Any routine background check can turn up your criminal record making certain life opportunities difficult at best. Prospective employers, landlords, professional licensing agencies, educational institutions, and more can access this record which may disqualify you on applications and in interviews. Fortunately, the state of Missouri provides a way to have certain convictions and arrest records sealed. If an expungement is granted by the court, your records will be no longer be accessible by the public and you generally will not have to disclose them in the future.
To determine if you qualify for an expungement and to get the process started, we strongly advise that you seek the help of our experienced attorney. Attorney Steve Schanker has been practicing criminal defense for decades, has earned the highest peer-reviewed rating of AV Preeminent® by Martindale-Hubbell®, and can give you the legal guidance and support you need in pursuing an expungement of your records. A successful expungement can put your past behind you and give you a brighter future moving forward.
Contact Steve Schanker, Attorney at Law online or at (816) 607-8860 to discuss your case in a confidential consultation.
Expungements in Missouri
Both arrests and conviction records for many misdemeanors and felonies may be eligible for expungement. Should an expungement be granted, your records will only be available to law enforcement, the courts, and specific employers. In the case of felony convictions, you are subject to a seven-year waiting period before you can apply. In the case of arrest records or misdemeanor convictions, you are subject to a three-year waiting period.
Under Missouri law, certain offenses do not qualify for expungement. These include but are not limited to:
- Class A felony offenses
- Dangerous felonies
- Offenses that require sex offender registration
- Felonies involving death as an element of the offense
- Felony assault offenses
- Misdemeanor or felony domestic assault
- Felony kidnapping
- DUI, boating under the influence (BUI), or operating an aircraft while under the influence
You are generally eligible for the expungement of an arrest record that was based on erroneous information if you meet other certain eligibility requirements. These can include but are not limited to lack of probable cause, no charges were filed, and you had no prior or subsequent criminal convictions.
You can also seek an expungement of certain traffic crime arrests and charges if the charges were dropped or a not-guilty verdict was made at your trial. However, some traffic offenses are not eligible for expungement, such as DUI and offenses involving commercial license-holders
Before you can petition the court for an expungement, you will have to have completed any probation or parole and paid off any court-ordered fine. You must file your petition in the court where you were charged or found guilty of the offense(s). Your petition must name anyone or any entity that has records pertaining to the offenses listed in your petition. The court can then hold a hearing within a certain time period to determine if your expungement will be granted. No more than one felony offense and two misdemeanors may be expunged during your lifetime.
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An expungement restores certain civil rights and benefits. The most pertinent is your right to not disclose expunged records when questioned by future employers. However, an expungement will not restore your right to carry firearms if prohibited. To fully understand how Missouri expungement laws apply to your specific situation, it is recommended that you seek our help at Steve Schanker, Attorney at Law. Our firm can determine your eligibility, guide you through the process, and respond to any problems that may arise along the way. Our goal is to help you “erase” the past so that you can create a better future for yourself and your family.
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