Table of Contents
If you have a criminal record in Missouri, you may be eligible to have your record sealed or expunged. You can seal your record if you were under 18 when the conviction happened, but this does not eliminate the information. Only expungement can permanently erase a conviction from your history.
Below, attorney Bradley Chapman from St. Louis Expungement Law discusses expungement vs. sealing and what’s the difference. Understanding which option is best for you can make the difference in moving forward from your past.
What Is Expungement?
An expungement is a way to remove certain criminal charges from your record. It means that future employers, lenders, or landlords cannot see that you had felony or misdemeanor convictions when they run a background check. It is not available for every type of conviction and is mostly used to remove DWIs and non-violent records. Some government and law enforcement agencies could still access your record after you complete the process.
Some crimes are ineligible for expungement in Missouri. For example, you cannot expunge convictions relating to domestic assault, any crime that requires you to register as a sex offender, Class A felonies, or violent crimes. What you can or cannot expunge also depends on where your arrest or conviction occurred.
To qualify for expungement, you must have completed your parole or probation period and paid any fines. For felonies, you cannot have had any convictions for a 3-year period and none for 1 year for misdemeanors. Under the Revised Statutes of Missouri, RSMo Section 610.140, you must file an expungement petition in the county where you were charged or convicted.
What Is Record Sealing?
Unlike expungement, which completely removes a conviction, sealing your records hides them from most parties conducting background checks. Police and other agencies can still view your record in full, and government attorneys can use previous convictions against you if you go to trial again for criminal charges.
For example, a first-offense DWI charge carries a 90-day license suspension, according to the Missouri Department of Revenue. However, if the state attorney finds you had sealed (rather than expunged) previous offenses, you could face license denial for between 5 and 10 years.
Sealing records often takes less effort than expunging, but it is not as permanent and is more common to protect convictions for juveniles. Missouri does not automatically seal records when you turn 21, but you can work with the Missouri Public Defender System and your defense attorney to request a record seal. Like expungement, sealing is not available for all offenses, including sex crimes.
Key Differences Between Expungement and Sealing
The primary difference between expungement and sealing is that expunging a record destroys it permanently, while sealing it only hides it from certain parties. Both options prevent anyone doing a background check from seeing your record, but only expungement erases the conviction completely.
Here is a table describing the key differences between expungement and record sealing:
| Factor Relating to Your Conviction | What Expungement Does | What Record Sealing Does |
|---|---|---|
What happens to the record? | Your record is destroyed or erased. | Your record is hidden but still exists. |
Who can access my record? | Access is very limited or not allowed at all. | Law enforcement, courts, and prosecutors still have access. |
Does my conviction appear on public background checks? | It will not appear. | Usually, it will not appear. |
Can you legally deny your conviction? | Yes, with a few exceptions. | Whether you can deny it depends on state law |
Is my conviction permanent? | It is gone forever. | Sealed records can potentially be reopened in some instances. |
How difficult is it to obtain? | Expungement is more difficult and costly. | Sealing is often easier. |
How widely available is it? | Not in all states | More widely available |
For most purposes, expungement and sealing result in the same outcome and prevent employers and landlords from seeing your convictions. Since sealing is usually easier to obtain, you may find it works for your needs, but your criminal defense lawyer can help you determine whether expungement might be the right choice for you.
Why the Distinction Matters
Deciding whether to pursue expungement or record sealing depends on your type of work and plans for the future. If you had a DWI in your youth but are sober now, you may find sealing satisfactory. However, if you want employment with the government or military, you would benefit most from expungement, which removes the record completely. Even then, federal agencies may still have access to the information.
You must consider how much each process costs, how much time it requires from you, and whether you have completed the required waiting period. Most cases require as little as 3 years after your conviction, but new changes to the Missouri expungement law introduce automatic expungements for some crimes.
If you lost your right to vote or own a firearm due to a felony conviction, expunging it may allow you to regain those rights, whereas sealing may not. One main advantage to expungement is that you are legally allowed to deny those criminal convictions in most instances, except when applying for licenses through the Missouri Department of Commerce and Insurance or running for public office.
Eligibility: Who Qualifies?
To have the best chance of qualifying for expungement or record sealing, your case should have the following factors:
- Your crime is a misdemeanor, such as a first-time DWI.
- You have completed your sentence, including probation or parole, and paid all fines.
- You have waited the required amount of time, such as 10 years after a first DWI charge, to petition for expungement.
- Your conviction does not involve a serious felony, violent offense, or sex crime, which are not eligible for expungement or sealing in Missouri.
- You have not been arrested or convicted of any further crimes.
Recent updates to the Missouri Expungement law introduced even more opportunities to qualify for eliminating criminal convictions from your record. It also includes provisions for automatic expungements for certain offenses. Here are some specifics:
- You only need to wait 1 year after completing your sentence for misdemeanor convictions instead of 3 years.
- You can petition the court after only 3 years for felony convictions after completing your sentence requirements, down from 7 years.
- You can file your petition after only 18 months if you were arrested but not charged or convicted, rather than waiting 3 years.
- You can expunge up to 2 felonies and 3 misdemeanors over your lifetime, an increase from 1 felony and 2 misdemeanors previously.
- You have no limit on how many minor violations you can expunge, such as minor traffic infractions.
- You can treat multiple offenses in the same incident as a single conviction for expungement purposes.
The updates did tighten some restrictions and added more offenses to the non-expungeable list. These include second-degree sexual conduct with a nursing home patient, additional sex offenses against children, and cross-burning (considered a hate crime).
How Can a Lawyer Help?
Expunging a criminal conviction opens the door to less social stigma and financial consequences when you have changed your ways. You can seek employment, housing, education, and other opportunities after serving your sentence and taking action through the courts. By working with an experienced expungement attorney, you can give yourself a fresh start.
Your expungement attorney will examine your record, gather documentation, and help you choose between sealing and expungement. They can educate you on the process and expected costs, and help you understand the long-term benefits of each. You will need to appear before the court, answering questions about your actions since completing your sentence, and your lawyer will prepare and guide you through those steps.
Without this help, you may make mistakes that could jeopardize your chances of success. Instead of taking that risk, schedule a consultation with a qualified and compassionate Missouri expungement attorney at Bradley Chapman Law. We are ready to assist you, so contact us today.
