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If you’re reading this article, you likely already know that a domestic violence record can follow you for years, affecting your ability to move forward with your life. Unfortunately, when it comes to domestic violence convictions in Missouri, the answer to the question “can I expunge this?” is straightforward but difficult: No, you cannot expunge a domestic violence conviction in Missouri under any circumstances.
Missouri law under RSMo § 610.140.2(5) explicitly prohibits criminal expungement of all domestic assault offenses, whether they’re charged as felonies or misdemeanors. This means that first-degree, second-degree, third-degree, and fourth-degree domestic assault convictions all remain on your public record permanently, regardless of how much time has passed, how much rehabilitation you’ve completed, or whether the victim supports your expungement.
However, there’s an important distinction that many people miss: there’s a significant difference between having a domestic violence conviction versus having had domestic violence charges that were dropped or dismissed. If your charges were dismissed and you were never convicted, you may have options to clear your arrest record from public view. This article will explain what Missouri law actually says, debunk common misconceptions, and outline what you realistically can and cannot do about a domestic violence record.
Understanding Missouri's Domestic Violence Expungement Law
Missouri’s expungement statute is clear when it comes to domestic violence. RSMo § 610.140.2(5) states that expungement is prohibited for “any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping.” This language creates an absolute bar that applies to:
- All felony domestic assault convictions (first-degree and second-degree domestic assault)
- All misdemeanor domestic assault convictions (third-degree and fourth-degree domestic assault)
- All degrees and classifications without exception
The prohibition contains no escape clauses. It doesn’t matter if ten years have passed, if you’ve completed every anger management program available, if you’ve rebuilt your life completely, or if the victim actively supports your expungement petition. The statute makes no allowances for rehabilitation, time passage, or exceptional circumstances. Once you’re convicted of domestic assault in Missouri—whether it’s a felony or a misdemeanor—that conviction remains on your public record for life.
Why This Law Exists
Missouri lawmakers created this absolute prohibition for specific public safety reasons. Domestic violence often follows patterns, and research shows that abusive behavior frequently escalates over time. By keeping these convictions permanently visible, the law aims to:
- Protect potential future victims by ensuring patterns of domestic violence remain discoverable
- Help law enforcement identify individuals with histories of domestic assault during investigations or when responding to new incidents
- Assist courts in making informed decisions about custody, protection orders, and sentencing in future cases
- Maintain transparency for employers in positions involving vulnerable populations, particularly those working with children or in caregiving roles
Conviction vs. Charge: An Important Distinction
What’s the Difference?
- A charge means you were arrested and formally accused of domestic assault. Law enforcement filed paperwork with the court alleging you committed the offense. However, being charged does not mean you were found guilty.
- A conviction means you either pleaded guilty, pleaded no contest, or were found guilty after a trial. A conviction represents a final legal determination that you committed the offense. This includes cases where you received a suspended imposition of sentence (SIS) or suspended execution of sentence (SES).
This distinction is crucial because Missouri’s expungement law treats these two scenarios completely differently.
If You Were Convicted
If you have a domestic assault conviction on your record—whether from a guilty plea or a trial verdict—you face the following permanent consequences:
- The conviction cannot be expunged under Missouri law, regardless of the degree or classification
- It remains on your public criminal record indefinitely
- It will appear on employment background checks, housing applications, and professional licensing inquiries
- You must disclose it when asked by courts in future legal proceedings
- You must disclose it when applying for certain professional licenses or positions working with vulnerable populations
- It may affect your firearm ownership rights under both state and federal law
For more information about which crimes cannot be expunged in Missouri, see our comprehensive guide on ineligible crimes for expungement.
If Charges Were Dropped or Dismissed
However, if your domestic violence charges were dropped, dismissed, or you were found not guilty at trial, you have not been convicted. This opens a different path: you may be eligible to expunge your arrest record under RSMo § 610.122.
The arrest expungement process seals records of the arrest itself, the booking, and the initial charges from most public background checks. This is fundamentally different from conviction expungement, and it’s addressed in the next section.
What You CAN Expunge: Arrest Records for Dropped Charges
Eligibility for Arrest Expungement
If your domestic violence charges were dropped, dismissed, or resulted in a not guilty verdict, you may be eligible to expunge your arrest record under RSMo § 610.122. However, Missouri’s arrest expungement law is narrower than many people realize.
To qualify for arrest record expungement, one of the following must be true:
- No charges were filed after your arrest, and you were released without prosecution
- Charges were dismissed before trial and no conviction resulted
- You were acquitted (found not guilty) at trial
- The arrest was based on false information provided by someone else
Critically, if you pleaded guilty to any charge—even if you received a suspended imposition of sentence (SIS) or deferred prosecution—you likely have a conviction on your record, not just an arrest. This means RSMo § 610.122 would not apply to your situation.
Waiting Period and Clean Record Requirement
Missouri law requires a waiting period before you can petition to expunge an arrest record. You must wait at least three years from the date of arrest if no charges were filed. During this entire waiting period, you cannot have:
- Any pending criminal charges
- Any new criminal convictions (including misdemeanors)
- Any traffic violations that resulted in points on your driving record
This clean record requirement is strict. Even minor infractions during the waiting period can disqualify you from arrest expungement.
What Gets Sealed When You Expunge an Arrest
If your arrest expungement petition is granted by the court, the following records are sealed from public view:
- Arrest records maintained by local law enforcement agencies
- Booking photographs (mugshots)
- Initial charging documents filed with the court
- Court records reflecting the arrest and dismissal (though the court file may still note the case was closed)
The Missouri State Highway Patrol’s MACHS system will no longer display your arrest for most background checks. Commercial background check companies should also remove the record, though you may need to notify them directly of the expungement order.
Important Limitations of Arrest Expungement
Even after a successful arrest expungement, important limitations remain:
- Law enforcement agencies can still access the sealed records for investigative purposes and when you’re charged with new offenses
- Courts can access sealed records when determining sentences for future convictions
- You must disclose the arrest to courts if you’re ever charged with another crime, even though it was expunged
- Certain professional licensing boards may still require disclosure of expunged arrests, particularly for positions in healthcare, education, law enforcement, or working with vulnerable populations
- Federal background checks (such as those for federal employment or security clearances) may still reveal expunged state arrests
Additionally, if you received any type of plea agreement—such as entering a diversion program in exchange for dismissal—the terms of that agreement may prevent you from expunging the arrest for a specified period. Always review any plea or dismissal paperwork with an attorney before filing an expungement petition.
For more information about Missouri’s expungement process and requirements, visit the Missouri Courts expungement resources page.
Common Misconceptions About Domestic Violence Expungement
If you’ve been researching whether you can expunge a domestic violence conviction in Missouri, you’ve likely encountered conflicting information online. Unfortunately, many sources provide misleading or outright incorrect information about domestic violence expungement. Let’s address the most common myths:
Myth #1: "Some domestic violence convictions can be expunged in Missouri"
The Truth: This is categorically false. RSMo § 610.140.2(5) prohibits expungement of ALL domestic assault convictions in Missouri—both misdemeanors and felonies, all four degrees. There are no exceptions. Any source claiming that “some” domestic violence convictions might be eligible is either confusing Missouri law with another state’s laws, mixing up convictions with arrests, or simply providing inaccurate information.
Myth #2: "After enough time passes, you can expunge a domestic violence conviction"
The Truth: Time does not change the prohibition. Whether it’s been 3 years, 10 years, or 30 years since your conviction, the statute still bars expungement. Missouri’s waiting periods for expungement (3 years for misdemeanors, 7 years for felonies) only apply to eligible offenses. Since domestic assault is permanently ineligible, no amount of time makes it expungeable.
Myth #3: "If the victim supports your expungement, the court will grant it"
The Truth: Victim support, while potentially meaningful in other legal contexts, cannot override state law. Even if the victim writes a letter supporting your expungement petition, even if they testify on your behalf, even if they explicitly state they want your record cleared, the court has no legal authority to expunge a domestic assault conviction. The prohibition is statutory, not discretionary.
Myth #4: "Misdemeanor domestic assault can be expunged, just not felonies"
The Truth: RSMo § 610.140.2(5) explicitly states “misdemeanor or felony offense of domestic assault” is ineligible. The statute treats third-degree domestic assault (Class E felony) and fourth-degree domestic assault (Class A misdemeanor) exactly the same as first-degree and second-degree domestic assault when it comes to expungement—none of them can be expunged.
Next Steps: Get Accurate Legal Guidance
If you have a domestic violence record in Missouri, understanding exactly what’s on your record and what options exist is the critical first step toward moving forward.
Determine What’s Actually on Your Record
Before you can evaluate your options, you need to know precisely what appears on your criminal record:
- Is it an arrest only, or a conviction? If charges were dropped or dismissed and you were never convicted, you may have arrest expungement options. If you pleaded guilty or were found guilty, you have a conviction that cannot be expunged.
- What degree of domestic assault? Missouri recognizes four degrees of domestic assault (first through fourth degree). All degrees are permanently ineligible for expungement if you were convicted, but knowing the specific charge helps you understand the full scope of your record.
- What other information appears? Your criminal record may include details like the date of the incident, the court where the case was heard, the disposition (outcome), and any sentences or conditions imposed.
Request Your Own Background Check
Don’t rely on memory or assumptions about what’s on your record. See exactly what employers, landlords, and licensing boards will see by requesting your own criminal history:
- The Missouri State Highway Patrol offers a name-based criminal history search through their MACHS system
- For a fingerprint-based federal background check (which reveals more than name-based checks), you can request an FBI Identity History Summary through approved channelers
- Many commercial background check companies also offer self-background-check services that mirror what employers see
Reviewing your actual record helps you understand what you’re dealing with and ensures there are no errors or outdated information that might be correctable.
Consult with an Attorney Who Knows Missouri Expungement Law
Not all criminal defense attorneys are expungement specialists. When seeking legal guidance about a domestic violence record, look for an expungement attorney who:
- Knows Missouri expungement law thoroughly and can immediately tell you whether your situation involves a conviction (not expungeable) or an arrest (potentially expungeable)
- Won’t waste your time pursuing impossible expungement petitions for domestic violence convictions just to collect legal fees
- Can evaluate alternative options such as arrest record expungement under RSMo § 610.122, gubernatorial pardons, or record correction if errors exist
- Provides honest assessments about what’s realistically possible rather than creating false hope
A knowledgeable attorney can review your specific case details, examine court records, determine whether any aspect of your record might be eligible for sealing or expungement, and advise you on the most productive path forward given Missouri’s strict limitations.
