Table of Contents
Missouri law under RSMo § 610.140 permanently prohibits expungement of Class A felonies, dangerous felonies, any offense requiring sex offender registration, felonies where death is an element of the offense, all felony assault offenses, and all domestic assault offenses, regardless of whether they’re charged as misdemeanors or felonies.
Additional ineligible crimes for expungement in Missouri include felony kidnapping, murder and manslaughter, statutory rape and child molestation, armed criminal action, first and second-degree robbery, first and second-degree arson, child abuse and neglect, elder abuse, forgery, perjury, second or subsequent DWI convictions, terrorist threats, election offenses, cross burning, offenses involving Commercial Driver’s License holders, and most weapon offenses under RSMo § 571.030 (with limited exceptions for concealed carry violations before January 1, 2017).
While Missouri’s 2025 expungement law made more than 1,900 offenses eligible for record clearing, these serious violent crimes, sex offenses, and crimes against vulnerable populations remain permanently excluded due to public safety concerns.
Major Categories of Ineligible Crimes
Missouri law doesn’t just list individual crimes, it groups ineligible offenses into eleven broad categories that cover hundreds of specific violations. Understanding these categories helps you quickly determine whether your conviction qualifies for expungement or falls under a permanent exclusion. Even if your specific crime isn’t mentioned by name in the statute, it may still be ineligible if it falls within one of these protected classifications.
Class A Felonies
Class A felonies represent the most serious category of crimes under Missouri law and are automatically disqualified from expungement regardless of how much time has passed since your conviction. These offenses include first-degree murder, first-degree kidnapping, first-degree robbery, and other crimes carrying potential sentences of 10 to 30 years or life in prison. The legislature determined that the severity of Class A felonies warrants permanent public transparency, and no court in Missouri has the authority to expunge these convictions even if you’ve fully rehabilitated and lived crime-free for decades.
Dangerous Felonies
Dangerous felonies, as defined in RSMo § 556.061, include any felony committed with a deadly weapon or any felony that creates a substantial risk of death or serious physical injury to another person. This broad category captures offenses like second-degree murder, first-degree assault, armed criminal action, and many robbery and burglary cases where weapons were involved. Even if you weren’t ultimately convicted of the most serious charge originally filed against you, a dangerous felony conviction on your record makes you permanently ineligible for expungement under Missouri’s current law.
Sex Offender Registration Offenses
Any offense that requires registration as a sex offender carries a lifetime prohibition on expungement in Missouri. This includes all degrees of statutory rape, child molestation, sexual assault, sodomy, and other sex crimes listed in Chapter 566 of the Missouri Revised Statutes. The legislature created this absolute bar to protect public safety and maintain transparency around offenders who pose potential risks to vulnerable populations. If your conviction requires you to register as a sex offender—even if you’ve successfully completed probation and treatment programs—Missouri courts cannot grant expungement under any circumstances.
Felonies Where Death Is an Element
This category applies to any felony where death is an element of the offense itself, regardless of whether anyone actually died. Involuntary manslaughter, vehicular manslaughter, and certain types of assault where death or risk of death is part of the charge all fall under this exclusion. The key distinction is that death must be written into the legal definition of the crime, not just an unfortunate consequence. This means even if you were sentenced for a lower-grade felony as part of a plea bargain, the underlying nature of the original offense controls your expungement eligibility.
ALL Felony Assault Offenses
Missouri law excludes every degree of felony assault from expungement eligibility. This includes first, second, third, and fourth-degree assault when charged and convicted as felonies. This represents one of the strictest assault exclusions in the country, as many states allow expungement of lower-level assault convictions after significant time has passed. However, Missouri makes an important distinction: assault charged and convicted as a misdemeanor may still be eligible for expungement, provided it doesn’t fall under the domestic assault exclusion. The charging decision made by prosecutors at the time of your case determines whether your assault conviction can ever be expunged.
ALL Domestic Assault Offenses
Domestic assault stands out as one of the few misdemeanor offenses that Missouri law permanently excludes from expungement. Whether you were convicted of first, second, third, or fourth-degree domestic assault, and whether it was charged as a felony or misdemeanor, you cannot expunge the conviction. This applies regardless of the relationship between you and the alleged victim, how much time has passed, whether you completed anger management classes, or whether the victim supports your expungement. The legislature created this absolute prohibition to protect domestic violence victims and ensure that patterns of abusive behavior remain visible to law enforcement, courts, and others who may need this information.
Felony Kidnapping
All degrees of felony kidnapping are permanently ineligible for expungement in Missouri. This includes not just the most serious kidnapping cases involving strangers and ransom demands, but also kidnapping convictions that may have arisen from custody disputes or other complicated personal situations. However, parental kidnapping cases may fall under different legal rules and definitions depending on the specific charges filed. If you were convicted of felony kidnapping, it’s important to review your exact statute of conviction with an attorney to confirm whether any exceptions might apply to your situation.
Intoxication-Related Offenses
DWI and DUI convictions fall under the general expungement statute’s exclusion for intoxication-related offenses. However, Missouri created an important exception: first-time DWI offenders can pursue expungement under a separate statute, RSMo § 610.130, after waiting a mandatory 10 years with no additional alcohol enforcement contacts. This means your first and only DWI misdemeanor conviction is technically eligible, but through a different legal process with stricter requirements.
Second or subsequent DWI convictions, felony DWI, boating while intoxicated, and operating an aircraft while intoxicated all remain permanently ineligible for expungement. The distinction between first-time and repeat offenders reflects Missouri’s policy of offering one opportunity for record clearing while maintaining permanent consequences for habitual impaired driving.
CDL Violations
Any violation of Missouri state law or county or municipal ordinance regulating the operation of motor vehicles committed by someone who holds—or is required to hold—a Commercial Driver’s License cannot be expunged. This applies even to relatively minor traffic offenses that would normally be eligible for expungement if committed by a non-CDL holder. The exclusion exists to protect the commercial driving industry and maintain federal compliance with transportation safety regulations. If you held a CDL at the time of your violation, even a speeding ticket or other minor traffic offense may be permanently ineligible for expungement.
Specific Weapon Offenses
Most violations of RSMo § 571.030 (unlawful use of weapons) are excluded from expungement, but Missouri law created one significant exception: concealed carry violations that occurred before January 1, 2017, are now eligible for expungement. This exception recognizes that Missouri’s concealed carry laws have evolved significantly, and conduct that was once criminal is now legal for permit holders. However, weapon offenses involving exhibiting a weapon in a threatening manner, possessing a weapon while committing a felony, or shooting at or from a motor vehicle remain permanently ineligible. The specific circumstances and date of your weapon conviction determine whether any exceptions apply.
Specific Listed Statutes
Beyond the broad categories above, RSMo § 610.140.2(6) contains a long list of specific statute numbers that are permanently excluded from expungement. This list includes all offenses in Chapter 566 (sexual offenses), forgery, perjury, certain terrorism offenses, election crimes, cross burning, elder abuse, child abuse, and dozens of other specific violations. The complete list spans multiple pages of the Missouri Revised Statutes and includes both common offenses and rarely prosecuted crimes. If your conviction falls under any statute number specifically listed in this section, it cannot be expunged regardless of the circumstances. Reviewing the full statutory list with an attorney is the only way to definitively determine whether your specific charge number appears among the excluded offenses.
The Full List of Ineligible Crimes For Expungement In Missouri
Here’s a quick reference guide for the most frequently asked-about offenses in Missouri expungement cases. This alphabetical list shows which crimes are permanently ineligible for criminal expungement and provides context by including a few common eligible offenses for comparison. Keep in mind that even if your specific crime isn’t listed here, it may still fall under one of the eleven exclusion categories discussed above.
Ineligible Offenses:
- Abandonment of a Child
- Abandonment of a Corpse
- Abortion by Non-Doctor
- Abortion of Viable Child
- Abuse of a Child
- Age Misrepresentation for a Sexual Purpose
- Agroterrorism
- Aiding Sex Offender
- Armed Criminal Action
- Arson (1st and 2nd degree)
- Assault (1st, 2nd, and 3rd degree when charged as felony)
- Assault on Law Enforcement Officer
- Assault on Police Animal
- Burglary (1st degree only—2nd degree burglary IS eligible)
- Child Abuse and Child Neglect
- Child Kidnapping
- Child Molestation (1st and 2nd degree)
- Cross Burning
- Defrauding Secured Creditors
- Disarming Law Enforcement Officer
- Discrimination in Election
- Domestic Assault (all degrees: 1st, 2nd, 3rd, and 4th)
- DWI (felony or second/subsequent misdemeanor)
- Elder Abuse
- Election Offenses
- Forgery
- Kidnapping (felony)
- Murder and Manslaughter (all types)
- Perjury
- Rape and Statutory Rape
- Robbery (1st and 2nd degree)
- Sex Offenses (all offenses requiring registration)
- Terrorist Threats (1st and 2nd degree)
Why These Crimes Can't Be Expunged
Public Safety Rationale
The Missouri legislature determined that certain offenses pose ongoing risks that justify permanent public transparency. Crimes involving violence against children, domestic partners, law enforcement officers, and other vulnerable populations remain on public record to protect those who might unknowingly encounter someone with a history of dangerous behavior. Sexual offenses stay permanently visible because research shows high recidivism rates and because public notification serves as a critical safety tool for parents, schools, and communities.
Serious violent crimes like murder, armed criminal action, and Class A felonies reflect such severe criminal conduct that lawmakers concluded society has a legitimate interest in maintaining permanent records regardless of subsequent rehabilitation. The exclusions also maintain consistency with federal law and professional licensing requirements that restrict certain jobs and rights based on specific conviction types.
Background Check Implications
If your conviction is on the ineligible list, employers, landlords, professional licensing boards, and background check companies will always be able to see it. This permanent visibility can block access to careers in healthcare, education, law enforcement, financial services, and any profession requiring state licensure. Landlords conducting tenant screening will continue to see the conviction, potentially limiting your housing options in competitive rental markets.
Professional licenses for doctors, nurses, lawyers, teachers, contractors, real estate agents, and other regulated professions may be permanently denied or revoked based on ineligible convictions. Federal law imposes additional restrictions that Missouri expungement cannot override, most notably, felony convictions result in lifetime prohibition on firearm ownership under 18 U.S.C. § 922(g), and certain convictions create permanent bars to federal employment, military service, and security clearances. Even decades of clean living and complete rehabilitation cannot change these consequences if your crime falls under Missouri’s permanent exclusions.
