Everything You Need to Know About Expungements in Missouri. Attorney Christopher Combs and Matthew Brown from Combs Waterkotte answer the most commonly asked questions about clearing arrest records and expunging criminal convictions in Missouri.
Expungement FAQs Answered in This Video:
- What is expungement?
- How can I get a felony expunged?
- How long do misdemeanors stay on your record?
- Do felony charges ever go away?
- What is the difference between a misdemeanor and a felony?
- What crimes cannot be expunged in Missouri?
- How much does it cost to expunge a felony in Missouri?
- How long does it take for your record to clear after expungement?
- Does your criminal record clear after 7 years?
- Do expunged records show up on fingerprinting?
- Can I get a DWI/DUI expunged?
- Can misdemeanors be expunged?
- How long does expungement take?
- How to check if your record has been expunged?
- Can an expunged record be used against you?
- Do expunged records show up on background checks?
- Who can see expunged records?
- Is it worth getting your record expunged?
- Can employers ask about expunged records?
- How long after a conviction can it be expunged?
- Do you have to disclose an expunged record?
- How do I know if I qualify for expungement?
- Are arrest records permanent?
- What records can be expunged?
- How does expungement work?
- Will expunged records show up on security clearance?
- What kind of felonies can be expunged?
- How to get a DWI/DUI expunged?
- Can I expunge me record myself?
- What is an expungement record?
Interview Transcript
Jessica Ambuehl: Welcome back to Hexxen Studios, where we take marketing to the power of X.
We’re joined today with Chris Combs, managing partner, and Matt Brown, senior associate at Combs Waterkotte Law Firm here in St. Louis, Missouri.
Now, today we’re gonna talk about expungement. Can one of you explain to me what expungement actually is?
Chris Combs: Sure. First and foremost, I think it’s really important for everyone to know that you have four types of records. Everyone has an arrest record, a criminal record, a driving record, and then a DFS, CPS, Child Protective Services, Department of Family Services record.
When we’re speaking specifically about expungements, you’re talking about expunging an arrest record. So that’s important to note, but an expungement is expunging your arrest record.
Jessica Ambuehl: And can a felony be expunged?
Chris Combs: Certain felonies can be expunged.
Another common misconception when you’re hiring a criminal defense attorney, is we are here to protect your, your freedom, your liberty, your criminal record.
But the second you’re fingerprinted, that arrest record is created. So you have to wait some time to go back [and] petition the court to get the arrest record expunged.
Jessica Ambuehl: Let’s talk about misdemeanors. How long do they stay on your record?
Matt Brown: So any conviction that you have, whether it be a felony or misdemeanor, is going to stay on your criminal record until you get it expunged.
There’s no set timeframe in Missouri. Some states say, “After seven years this could fall off.” In Missouri, that’s not the case.
So, any misdemeanor or felony conviction that you have is gonna stay on your record indefinitely unless you get it expunged.
Jessica Ambuehl: Does every state differ with that rule?
Matt Brown: Every state has its own rules. I’m licensed to practice here in the state of Missouri. So, if you have a felony or misdemeanor or conviction in another state, you would need to contact an attorney in that state.
But each state can differ and, and certainly does differ, with their requirements.
Jessica Ambuehl: We talked about felony charges. Do they ever go away?
Chris Combs: Certain felony charges, and there’s just too many to list. You can go to our website for more information: combswaterkotte.com.
Certain felonies can be expunged, and the timeline on misdemeanors and felony expungements is after the case is concluded.
So if you have probation, it’s after probation is concluded. When the case is closed, you have to wait a year to get a misdemeanor arrest expunged and three years on a felony.
Jessica Ambuehl: What’s the difference between a misdemeanor and a felony?
Matt Brown: The difference between a misdemeanor and felony most commonly is the severity of the crime.
But what really differs or makes the misdemeanor separate from a felony is the range of punishment. A misdemeanor, the maximum range of punishment you’re looking at is a year in the county jail. Whereas on a felony, obviously the time that you can spend locked up greatly exceeds that.
For example, a Class E felony, which is the lowest level felony we have in Missouri, the range of punishment is up to four years in prison. So the short answer is the maximum amount of time or punishment that you can receive is what differentiates a felony from a misdemeanor.
Jessica Ambuehl: So are there any crimes here in Missouri that cannot be expunged?
Matt Brown: There’re several types of crimes in Missouri that can’t be expunged. And again, for a comprehensive look at that, you can refer to our website combswaterkotte.com.
But a short answer is most violent crimes cannot be expunged. Class A felonies cannot be expunged. Most sex crimes cannot be expunged. Crimes against persons.
Again, depending on the severity, those types of cases cannot be expunged from your record.
Jessica Ambuehl: Okay, so let’s talk about cost. Money’s always a big topic for everybody in life. How much would it cost if I wanted to expunge something in Missouri?
Chris Combs: Sure. So a lot is baked into that.
The filing fee alone – we have to draft a petition and file it – but the filing fee alone is about $300 to $500 depending on the jurisdiction. We go all over the state, so obviously that would vary in cost.
But your average cost for us to draft a petition, file it, then we have to prepare our client for a full blown hearing, have the hearing, get the order of expungement, and serve that on all the proper agencies so they know to expunge the arrest. You’re typically looking at about $3,500.
Again, that can go up or down slightly depending on the situation.
Jessica Ambuehl: Do you find that you’re handling more clients that need you to defend them or expunge their record?
Chris Combs: I would say we certainly are handling way more people who need a defense team, who’ve been charged with a crime.
However, we have seen a major uptick in people contacting us for expungements. And one of the reasons for that is Missouri used to only have one expungement statute. We had to prove actual innocence of the crime to get your arrest record expunged.
There’s now three separate expungement statutes and it has relaxed quite a bit and there are a lot more cimes that are eligible for expungement.
It can affect housing, job, employment opportunities. We get a lot of calls for it, but no, we represent a lot more people charged [with] crimes than people calling for expungement.
Jessica Ambuehl: All right, so let’s say someone’s record has been expunged. How long until they will actually see it being cleared on their record?
Matt Brown: Well, that depends.
There’s several agencies that are named in the expungement. You’re talking your local police municipality, the local sheriff’s department, the prosecuting attorney’s office, in some cases the FBI, the REJIS Commission. So it varies.
From start to finish, for us to do what we need to do to get to court, you’re probably looking at about 120 to 180 days. And that varies depending on the judge’s calendar.
Once we get that order of expungement and then we send that off to the very various agencies that need to expunge your record, at that point it’s out of our hands. Some agencies can have your record wiped in two weeks. Some it could take several months. It just depends on how efficient that particular agency is.
Jessica Ambuehl: Does your record actually clear, let’s say after seven years?
Matt Brown: No, that’s again, a common misconception in Missouri.
Your arrest record and your criminal record never go away. It’s always gonna follow you around unless you have it expunged.
So there’s no amount of time that you can wait it out and say, “Okay, after seven years, I’m good to go. My record’s clean.” That’s not the case.
Your record will only be cleaned if you get that particular offense expunged from your record.
Jessica Ambuehl: Don’t they say that like every seven years your taste buds change?
It’s not as easy as that, right?
Matt Brown: Definitely not as easy as that, no.
Chris Combs: I think the seven year common misconception came from a decade ago on job applications, the only background criminal question used to be, “Have you been convicted of a felony in the last seven years?”
And I think that’s where people got the seven years from, I’m guessing. If anyone’s looked at a job application lately, it’s, “Have you been stopped, detained, arrested, pled no contest?” They ask pretty all encompassing questions these days.
Jessica Ambuehl: Can they also ask, “Have you ever expunged your record?”
Chris Combs: I’ve seen that, but that’s as you get into higher level type professions.
Of course, if you want to be an attorney, that’s certainly a question they’re gonna ask. You have to provide your fingerprints and things like that. I’m sure if you wanted to be a doctor or work in government, [those are] things that [are] probably never gonna go away.
Jessica Ambuehl: So if I’m getting fingerprinted, you’re saying that my fingerprints could show expunged records?
Matt Brown: It depends on who you’re doing the fingerprints for.
Jessica Ambuehl: My kid’s school for an art and craft day.
Matt Brown: Well, it shouldn’t show up then.
Jessica Ambuehl: It shouldn’t show up. Okay, great.
Any other time outside of that?
Matt Brown: If you’re getting fingerprinted from an employer and your record’s been expunged, then no, it should not show up at all.
Now, there’s always going to be certain agencies,criminal justice agencies, that even though your record’s been expunged, they’re still gonna be able to see it.
Your run of the mill employer, unless you’re looking at some kind of high government security clearance, it’s not gonna show up on your record at all.
Jessica Ambuehl: Okay, so fast food, you’re probably fine. Secret service, would probably show up.
Chris Combs: Probably so, yes.
Jessica Ambuehl: Okay. Just making sure we’re clear.
Chris Combs: And I think what’s important to note there is when you’re getting an order for expungement, it’s coming from a circuit court state judge. One of the agencies you are serving that upon is the NCIC, the National Crime Information Center, which is the FBI federal database.
The supremacy clause in the United States Constitution, federal law trumps state, so sometimes they honor it, sometimes they do not. So the NCIC, on occasion, can ignore that expungement order.
Jessica Ambuehl: Can I get a DWI or a DUI expunged?
Chris Combs: Yes. [The] most [important thing] to point out is that DWI and DUI are pretty much used interchangeably in the state of Missouri, except for if it’s by drug intoxication, then it’s typically a DWI. But it’s the same thing in effect.
Yes, you can get one DWI expunged after 10 years. You cannot have any alcohol related offenses during those 10 years. The reason for that, and the reason behind the legislature is, they want to keep track of people who are racking up DWIs, of course.
So yes, but only one after 10 years.
Jessica Ambuehl: Are there any exceptions to the rule?
Chris Combs: No. That is a hard and fast rule for now in the state of Missouri.
Jessica Ambuehl: Okay. So can misdemeanors be expunged?
Matt Brown: Oh, absolutely. Misdemeanors can be expunged. Again, there’s statutory requirements that need to be met, and there’s some misdemeanors that may not be expungable.
But in general, misdemeanors can be expunged. Absolutely.
Jessica Ambuehl: And how long does expungement take?
Matt Brown: The expungement process, typically what we tell our clients, plan on somewhere between 120 to 180 days. That obviously varies between jurisdiction and courts.
We can control a lot of things, but we can’t control a judge’s calendar. So, from our standpoint, the amount of time that it takes, we typically look at about 120 to 180 days.
Jessica Ambuehl: And if you could control a judge’s calendar, you would be priceless.
Matt Brown: I would probably get a lot more clients, yes.
Jessica Ambuehl: You probably would. Yes.
So who can actually see expunged records?
Matt Brown: So when, when your record is expunged, a majority, if not a large majority of places, aren’t gonna be able to see your record that’s been expunged.
There’s always going to be certain government agencies or criminal justice agencies that are gonna be able to see your record. Prosecuting attorney’s office, obviously most federal government agencies are still gonna be able to see your record.
So it’s not completely sealed from everybody, but your typical run of the mill employers, they’re not ever gonna be able to see your expunged record.
Jessica Ambuehl: Okay. We talk about sealing. Would it be sealed from me or is there a way that I can actually see if it’s been expunged?
Matt Brown: You can always go and request your own criminal background check through the Missouri Highway Patrol. I know there’s different places available online that you can pay money to. I would never trust those to be accurate.
But if you ever wanted to check out your own criminal record, especially after an expungement to see if those things have fallen off, you can always go through the Missouri Highway Patrol and request a criminal background check and see if that information has fallen off your record.
Jessica Ambuehl: And the lawyer who would help you with that process, would they always have access to it?
Matt Brown: We have access to certain programs that we run. We run a REJIS program, [where] we can type in your information, that gives us some of your background information, some of those criminal records.
But again, the most valuable background check that we’ll get is done through the Missouri Highway Patrol.
Jessica Ambuehl: So let’s say my record has been expunged, but you said that the prosecutor has access to it later. Can they use it against me in a future trial?
Matt Brown: They can’t use your expunged record against you. Once you have your record expunged, it essentially takes you back before you ever have that conviction and you’re put back into the place that you were prior to that conviction.
While a prosecutor or some other kind of criminal justice agency can see that and still has access to those records, they cannot then come back and use an expunged conviction for enhancement purposes.
For example, if you had a drug crime expunged from your record and you go out and commit another drug crime, the prosecuting attorney’s office cannot look at your past expunged drug conviction and say, “Okay, now you’re a repeat felon, so we can enhance any potential punishments against you.”
So, while they can see it, they cannot use it against you for enhancement purposes.
Jessica Ambuehl: What would be the purpose for them actually seeing it? What benefit does that bring to them?
Matt Brown: Well, it’s beneficial to the prosecutor for bond purposes, because they always wanna know what your background’s like.
And of course they’re gonna argue that. “Even though you had this record expunged, you committed crimes in the past, you’re [a] danger to the community.”
Then they also will more than likely use it for negotiation purposes. They’ll probably be less likely to negotiate a favorable outcome if your client has had past convictions.
Jessica Ambuehl: So just having that knowledge is beneficial. Even though they cannot use it.
Matt Brown: Absolutely. It’s very beneficial to them.
Jessica Ambuehl: Let’s talk about background checks. Would an expunged record actually show up when you get fingerprinted?
Matt Brown: No. And that’s the whole purpose of expunging your record, so it doesn’t show up on a background check.
If it’s done properly and all the proper agencies have been served, then no, any record, whether it be an arrest record or a criminal record that gets expunged, would not show up on a background check.
Jessica Ambuehl: Is there a way for me personally to expunge myself or do I need the assistance of a lawyer?
Matt Brown: Well, we always recommend getting the assistance of a lawyer.
Courts will oftentimes have forms available that you can fill out yourself and try to do the process yourself. But one thing that we always caution people calling in and asking us about expungements is it’s very specific. The steps are very specific on what you need to do. Who you need to get served, who needs to be a party to the case.
If you mess that up, the judge has to deny your petition for an expungement. If your petition for expungement gets denied, you then have to wait an entire year before you can repetition the court.
So, yes, it is certainly possible to do it yourself but we always recommend, obviously, for those reasons I just stated, and it takes the stress off the client. Having to do these things themselves and make sure they dot every “i” and cross every “t,” because again, if you mess that up, the judge has no choice but to deny it, and then you’re stuck waiting an additional year before you can even repetition the court.
Jessica Ambuehl: Just adds more stress to an already difficult situation.
Matt Brown: Absolutely. Let us take the stress off you and we’ll get it handled for you.
Jessica Ambuehl: So is it actually worth getting your record expunged?
Chris Combs: Absolutely. I think it’s one of the most important tools, particularly with the Missouri legislature opening up way more offenses than were eligible before to get expunged.
Of course, if you get a criminal record expunged, housing, employment, and just your life in general will be much easier when you don’t have a criminal record following you around.
Jessica Ambuehl: So an employer can’t use an expungement against you.
Chris Combs: No, they cannot.
Jessica Ambuehl: They actually don’t have access to that information in the first place. Is that correct?
Chris Combs: For the most part, yes. Now, of course, I can’t speak for every employer and every background check company out there, but for the most part, yes.
Again, as you go up to higher level professions, doctor, lawyer, security clearance at Boeing, or some type of national safety, things like that. Then of course I’m sure they’ll be able to see it.
But no, for the large majority, they will not be able to see it. Employers will not be able to see it.
Jessica Ambuehl: So if I have an expunged record, how long can it be used against me?
Matt Brown: Well, in theory, if you have your record expunged, it should never be able to be used against you. Again, there’s always gonna be certain agencies, criminal justice agencies that are gonna have access to even an expunged record.
On paper, are they using it against you? They shouldn’t be. From a practical standpoint, can an expunged record be used against you? I’m sure there are certain times where it will always be continued to [be used] against you.
If you go out and commit another crime, a prosecutor’s gonna have access to your expunged record. While they cannot use it against you for enhancement purposes or enhancing the punishment against you, they’ll certainly use it against you as far as negotiations go for any kind of plea offers, and certainly any bond settings. [They’re] keeping the community safe, so [they] need to set a higher bond because even though you had your record expunged, they see that you’ve committed crimes in the past.
So, in theory it should not be used against you. From a practical standpoint, there’s always gonna be situations and certain agencies that are gonna see it, that are going to use it against you.
Jessica Ambuehl: So if someone’s convicted, how long will it take for something to be expunged after that conviction?
Chris Combs: Sure. Great question.
For a misdemeanor – and again, it’s a common misconception, “Is it when I plead guilty? When does the clock start ticking?” It’s when your probationary period has concluded.
When you have successfully completed probation on a misdemeanor, it is one year from the date that you successfully complete probation. On a felony, it is three years.
Jessica Ambuehl: If I have an expunged record, do I actually have to disclose that to anybody?
Matt Brown: The answer to that is no.
Even if you’re filling out some kind of application that specifically says, “Have you ever had your record expunged?” Legally you can mark “no,” because an employer does not have a right to know that.
Will an employer potentially ask you that? They can ask you that, but you don’t have to say “yes,” you can give them the answer “no.” That’s the whole part of an expungement, is getting your record expunged and sealed so you don’t have to then disclose that later on down the road in situations.
Jessica Ambuehl: So if I’m looking into and interested in expungement, how do I actually know if I qualify?
Chris Combs: So obviously the first step would be to call our office. (314) 900-HELP. That’s 314-900-4357. We are happy to give you a free consultation.
Otherwise, you could do the research yourself. But you can call us and get a straight answer when we do this every day, because there is a list of ineligible crimes. Again, Missouri went from one expungement statute to three.
So knowing which statute to apply and also what’s eligible and what’s not, for free, you can call us up and we’ll do that for you.
Jessica Ambuehl: And you have reassurance that you’re talking to someone who knows what they’re doing.
Chris Combs: Exactly, instead of wasting your time trying to research it yourself.
Jessica Ambuehl: So if I have an arrest record, can that be expunged?
Matt Brown: Yeah, absolutely. There are certain situations where an arrest record can get expunged.
Typically if you’re getting your conviction expunged, it’s going to expunge everything, including the arrest.
Now there are also times where you get arrested for something but you don’t get a conviction. Meaning, maybe you had a trial in one, so you’re not convicted. Maybe you got arrested for something, but charges were never filed. That would be a separate expungement of your arrest record. And that is possible to do under certain situations. Absolutely.
Jessica Ambuehl: So just to be clear, what things can actually be expunged?
Matt Brown: On your arrest record it would expunge the actual arrest. A lot of times it’s gonna be different than your criminal record, because when you get arrested, the officer’s gonna input into their data system why they felt like they arrested you. But that could be different from the actual charge that you get charged with and go to court for.
Your arrest record, all that can be expunged under certain circumstances. Now what can be expunged as far as your criminal record goes? Again, that’s gonna depend on the type of charge or that you’ve been convicted of.
There’s a laundry list of felonies that cannot be expunged. There’s a short list of misdemeanors that can’t be expunged. All class A felonies cannot be expunged. Sex crimes cannot be expunged. Violent crimes cannot be expunged.
The easiest thing to do is pick up the phone, give us a call, we’ll run down that whole list for you and let you know if you’re eligible for an expungement.
Jessica Ambuehl: So you’re talking about arrest and conviction. Do you have to be expunged two times? Let’s say you get arrested but not convicted, then you get expunged, you can try for arrest. Let’s say you’re convicted. Do you get expunged for the conviction and the arrest?
Matt Brown: If you’re expunging your conviction, your criminal record, we just kind of lump that in and we request that anything related to that conviction, including the arrest, be expunged as well.
That’s why it’s important when you do these things that you’re filing the petition and you’re including the agency that arrested you. Because the agency that arrested you could be a small local municipality, but you’re actually going to court somewhere else. That’s why it’s very important that when you do this, you include all those agencies that have access to those records or that had a hand in your conviction or your arrest.
Jessica Ambuehl: And why not hire someone who does that for a living and knows what questions to ask?
Matt Brown: Exactly. Give us a call. Absolutely give us a call. We’ll be more than happy to help you.
Jessica Ambuehl: So tell me what is actually an expungement record?
Matt Brown: So, an expungement is essentially wiping away your criminal record or your arrest record.
When we talk about expunging a record, we’re talking about putting you back in the place that you were prior to you either getting arrested or going to court. What I mean by putting back into the place, it means restoring all your rights that you had prior to either getting arrested or taking a conviction.
That’s what we mean when we talk about an expungement record.
Jessica Ambuehl: Will expunged records have any effect on a security clearance?
Matt Brown: It potentially can. Again, a majority of your employers or people that run background checks on you, your expunged record is not gonna show up.
There’s always going to be certain criminal justice agencies that are going to have access to your expunged record. Anytime you’re trying to get a government job, especially if there’s some kind of high security clearance involved – and understandably so – your expunged record is still gonna be accessible and still show up when you’re seeking some kind of high security clearance background.
Jessica Ambuehl: Thank you so much, gentlemen, for your time. I know I learned a lot. I’m sure our viewers have learned an immense amount of information that could help them, their family, their friends.
If you wanna learn more, check back [on Combs Waterkotte’s YouTube channel] or at combswaterkotte.com. Or you can contact them directly at (314) 900-HELP.
We’ll see you next time.
