Crimes That Cannot Be Expunged from the Record in Missouri: Understanding the Impact of Expungement

In the pursuit of rehabilitation and second chances, many states in the United States have implemented expungement laws to allow individuals with criminal records to rebuild their lives. Expungement is a legal process that seals or erases a person’s criminal record, essentially providing a fresh start by removing the barriers associated with a past conviction. However, it is important to note that not all crimes are eligible for expungement. In Missouri, there are certain offenses that cannot be expunged, which can have lasting consequences for individuals seeking to move on from their past mistakes.

Understanding Expungement:

Expungement is a legal mechanism that varies from state to state but generally involves sealing or erasing criminal records. When a record is expunged, it is as if the conviction never occurred, allowing individuals to legally deny or omit their past offenses in many circumstances. This provides them with an opportunity to reintegrate into society, obtain employment, secure housing, and pursue educational opportunities without the burden of their criminal history.

Crimes That Cannot Be Expunged in Missouri:

While Missouri does provide an avenue for expungement, it excludes certain offenses from eligibility. Some of the crimes that cannot be expunged in Missouri include serious felonies such as murder, manslaughter, kidnapping, child abuse, sexual offenses, and certain drug-related offenses involving minors. These crimes are considered too severe or pose potential risks to public safety, making them ineligible for expungement.

Impact of Ineligible Crimes:

For individuals with ineligible crimes on their record, the consequences can be significant. The presence of these offenses can limit employment opportunities, housing options, educational prospects, and even personal relationships. Ineligible crimes that cannot be expunged may continue to show up in background checks, affecting an individual’s chances of securing employment or gaining admission into certain educational programs.

The Importance of Rehabilitation:

While some crimes cannot be expunged, it is crucial to recognize the importance of rehabilitation and reintegration for individuals who have served their sentences and are seeking to lead productive lives. Even if certain offenses are ineligible for expungement, it is essential to provide support systems and resources to help these individuals successfully reintegrate into society. Programs that offer job training, counseling, and support for housing and education can play a vital role in assisting individuals with criminal records to rebuild their lives.

Specific Crimes that Cannot be Expunged

I’ve cut and pasted the violations which may not be expunged pursuant to the statute here. This is purely for reference to other posts on this website. Though I will update this periodically, one should always consult the statute. You can do so here.

 2.  The following offenses, violations, and infractions shall not be eligible for expungement under this section:

  (1)  Any class A felony offense;

  (2)  Any dangerous felony as that term is defined in section 556.061;

  (3)  Any offense that requires registration as a sex offender;

  (4)  Any felony offense where death is an element of the offense;

  (5)  Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;

  (6)  Any offense listed, or previously listed, in chapter 566 or section 105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425, 217.360*, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035, 565.084**, 565.085**, 565.086**, 565.095**, 565.120, 565.130, 565.156, 565.200**, 565.214*, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032, 568.045, 568.060, 568.065, 568.080**, 568.090**, 568.175, 569.030**, 569.035*, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067*, 569.072**, 569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180, 570.223, 570.224, 570.310, 571.020, 571.060, 571.063, 571.070, 571.072, 571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095, 575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 575.230, 575.240, 575.350*, 575.353, 577.078, 577.703, 577.706, 578.008**, 578.305**, 578.310**, or 632.520;

  (7)  Any offense eligible for expungement under section 577.054** or 610.130;

  (8)  Any intoxication-related traffic or boating offense as defined in section 577.001, or any offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition;

  (9)  Any ordinance violation that is the substantial equivalent of any offense that is not eligible for expungement under this section;

  (10)  Any violation of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an individual who has been issued a commercial driver’s license or is required to possess a commercial driver’s license issued by this state or any other state; and

  (11)  Any offense of section 571.030, except any offense under subdivision (1) of subsection 1 of section 571.030 where the person was convicted or found guilty prior to January 1, 2017.

Conclusion:

Expungement serves as a vital tool for individuals seeking to rebuild their lives after a criminal conviction. In Missouri, while many offenses can be expunged, certain serious crimes remain ineligible. Understanding the limitations of expungement is crucial for individuals who want to move forward and reintegrate into society. By recognizing the impact of ineligible crimes, supporting rehabilitation efforts, and providing resources, society can foster a more inclusive environment that allows individuals to break free from the limitations of their past mistakes and become productive members of their communities.