Ask Me Help Desk - Can an excon get his conviction expunged

Quote:

Originally Posted by maddman34

When I was 19 and a dumb kid running with less than desired friends I got into trouble and sent to Prison in Missouri for auto theft and was there for a year. im now 36 years old and have turned my life around and i want that off my record.

I would like to get expunged so i can finish moving on with my life but I've been told its impossible, IS THAT TRUE.....

Yes, it can be expunged. Section 610-120 Records to be confidential--accessible

“As a general rule, criminal court records are public. That means anyone can go to the local courthouse and find out if someone's ever been arrested for, charged with or convicted of a crime. In some states, though, there are ways to hide or even destroy a criminal record, so that almost no one can find out about an arrest or conviction.
1. The terms "expungement" and "sealing" are often used interchangeably when it comes to criminal records, but there are some differences. "Sealing" a criminal record is when a court file is hidden from the general public. "Expunging" a criminal record means that the record is completely destroyed; it's as if the crime never happened. In essence, they're the same thing: There are very limited circumstances when a sealed record may be looked at or when the defendant (the person arrested or convicted) has to tell someone that he has a prior arrest or conviction that's been expunged.
The states have very different laws about sealing and expunging records. Some states don't allow any records to be sealed or expunged. Some allow one or both, but they don't allow either one for some crimes, like murder, kidnaping and sex-related crimes.
Below are the laws in Missouri that deal with expunging, sealing or otherwise destroying or concealing criminal records. They may change at any time, so be sure to check the current laws for any changes. And the process itself is usually complicated.” Missouri Expungement and Record Sealing - Lawyers.com

“WHO IS ELIGIBLE FOR AN ORDER TO EXPUNGE:
1. Any person when the arrest was based on false information and the following conditions exist:
(1) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
(5) No civil action is pending relating to the arrest or the records sought to be expunged. RSMo §§ 610.122 to 610.126.
5. How do I get records expunged?
An eligible may file a verified petition for expungement in the civil division of the circuit court in the county of the arrest. The petition shall include the following information or shall be dismissed if the information is not given:
(1) The petitioner's:
(a) Full name;
(b) Sex;© Race;
(d) Date of birth;
(e) Driver's license number;
(f) Social Security number; and
(g) Address at the time of the arrest;
(2) The offense charged against the petitioner;
(3) The date the petitioner was arrested;
(4) The name of the county where the petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality;
(5) The name of the agency that arrested the petitioner;
(6) The case number and court of the offense;
(7) Petitioner's fingerprints on a standard fingerprint card at the time of filing a petition to expunge a record that will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.
The petition must name as defendants all law enforcement agencies, courts, prosecuting attorneys, central state depositories of criminal records or others who the petitioner has reason to believe may possess the records subject to expungement. The court's order will not affect any person or entity not named as a defendant in the action.
The court will set a hearing on the matter no sooner than thirty days from the filing of the petition and will give notice of the hearing to each official or agency or other entity named in the petition.
If the court finds that the petitioner is entitled to expungement of any record that is the subject of the petition, it must enter an order directing expungement.”
Missouri Expungement Law - Expungement of Criminal Records - Expungement