Petition for expungement (RSMo 610.140) in Missouri: which records can be cleared
Each way to clear a record in Missouri, what it covers, the exclusions and the effect.
Checked against official sources: October 25, 2026.
Short answer
In Missouri it is called expungement or closed records: expungement closes all records of the arrest, plea, trial or conviction and restores you to the status you had before, as if it never happened. Some misdemeanor and felony convictions may be cleared, and Missouri also clears some records automatically.
- Main remedy
- Petition for expungement (RSMo 610.140)
- What it covers
- Arrests, misdemeanor, municipal and infraction records, and felony convictions in Missouri courts that are not on the excluded list.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Ways to clear a record in Missouri
Expungement; closed records — Expungement closes all records of the arrest, plea, trial or conviction and restores you to the status you had before, as if it never happened. Closed records are hidden from the public but stay available to police, prosecutors, courts and certain licensing and employment checks.
Missouri has 3 ways to clear a record. Each covers different records and has its own waiting period.
Petition for expungement (RSMo 610.140)
Arrests, misdemeanor, municipal and infraction records, and felony convictions in Missouri courts that are not on the excluded list.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor, municipal violation or infraction | 1 year You may petition 1 year after you complete your sentence, with no new misdemeanor or felony (traffic excepted) in that time. | Completion of the sentence or other authorized disposition |
Felony | 3 years You may petition 3 years after you complete your sentence, with no new misdemeanor or felony (traffic excepted) in that time. | Completion of the sentence or other authorized disposition |
Arrest with no charges | 18 months You may petition 18 months after the arrest if you were not charged and have no new guilty finding. | The arrest |
- Not eligible
- Class A felonies; dangerous felonies; offenses requiring sex-offender registration; felonies with death as an element; felony assault, any domestic assault, and felony kidnapping; chapter 566 sex offenses and a long list of other named offenses (many weapons, child-endangerment, public-corruption and election offenses); intoxication-related traffic or boating offenses; traffic offenses by commercial driver's license holders; most unlawful-use-of-weapon offenses. Since January 1, 2025, offenses that were 'previously listed' or are successors to listed offenses are also excluded.
- Limits
- In your lifetime: no more than 3 misdemeanors or ordinance violations that carry jail time, and no more than 2 felonies (infractions are unlimited). Crimes from the same course of conduct count as one, at the highest level. If dismissed, wait 1 year to refile.
Law: RSMo 610.140 (as amended by 2024 S.B. 754, effective Jan. 1, 2025); 610.130; 571.030
Source: Official text
Expungement of a first intoxication-related traffic or boating offense (RSMo 610.130)
One first-offense misdemeanor or ordinance DWI/BWI (not in a commercial vehicle).
| Kind of case | Waiting period | Counted from |
|---|---|---|
First DWI/BWI misdemeanor | 10 years You may apply 10 years after the plea or conviction if you have had no other intoxication-related offense or alcohol-related enforcement contact. | The plea or conviction |
- Not eligible
- Commercial driver's license holders.
- Limits
- Only one expungement under this section in your lifetime.
Law: RSMo 610.130
Source: Official text
Expungement of an arrest based on false information or mistaken/stolen identity (RSMo 610.122, 610.123, 610.145)
Arrests based on false information with no probable cause; dismissed or not-guilty minor traffic arrests; charges filed because someone used your identity or you were misidentified.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Qualifying arrest | No waiting period No waiting period; the court holds a hearing at least 30 days after filing. | Anytime |
- Not eligible
- Intoxication-related traffic offenses; commercial drivers; arrests where you received a suspended imposition of sentence.
Law: RSMo 610.122, 610.123, 610.145
Source: Official text
Automatic relief in Missouri
- Law
- Automatic expungement of drug-possession convictions and automatic closed records for non-convictions
- What is cleared
- Starting no later than January 1, 2027, the Highway Patrol's central repository must screen records at least weekly and automatically expunge convictions for possession of a controlled substance or drug paraphernalia once 1 year (misdemeanor) or 3 years (felony) has passed since you completed all court-imposed terms and were released, with no new misdemeanor or felony conviction in that time, no pending charges or outstanding arrest, and no class A felony; the case must contain only qualifying convictions. These count toward the lifetime limit of 3 misdemeanors and 2 felonies. Separately, if your case was nolle prossed or dismissed, you were found not guilty, or you received a suspended imposition of sentence (SIS), the records become closed records when the case ends (for SIS, after probation). Closed records are hidden from the public but police, courts and some employers and agencies can still see them.
- Started
- RSMo 610.141 took effect August 28, 2026; automatic expungements must begin when technically feasible and no later than January 1, 2027.
- Check your record
- Official status page
Law: RSMo 610.141 (2026 S.B. 1421); RSMo 610.105; RSMo 579.015, 579.074, or former 195.202, 195.233
Cannabis convictions in Missouri
Under Amendment 3, courts had to automatically expunge records of misdemeanor marijuana offenses within 6 months, and of most completed felony marijuana offenses (and offenses no longer crimes) within 12 months, after it took effect in December 2022 — excluding sale to a minor, violent offenses and driving under the influence. More serious felony marijuana offenses are expunged when incarceration, probation or parole is completed. People still serving a sentence for a now-legal marijuana offense may petition the sentencing court to vacate it and expunge the record; no filing fee may be charged. After expungement you may deny the record on applications for jobs, licenses and civil rights, and the court issues a certificate of expungement.
Law: Mo. Const. art. XIV, § 2.10(8)
After your record is cleared
After expungement your civil rights are fully restored, and you may answer 'no' when an employer asks if you were ever arrested, charged or convicted, if you have no other public record. You must still disclose it to a court when asked or when charged with a new crime, and on applications for state professional licenses, gaming licenses or firearm permits, and for jobs in law enforcement, emergency services, gaming, banks and credit unions, insurance, or with any employer that federal or state law requires to exclude certain convictions. An expunged crime cannot be an automatic bar except for those regulated jobs, and it can count as a prior offense in later sentencing.
Law: RSMo 610.140.9-11
Juvenile records
After you turn 18 (or after your case closes, if the court kept jurisdiction longer), the juvenile court may, on its own or on your application, destroy social histories and records and seal the official court file and police records if that is in your best interest.
Law: RSMo 211.321.5
Pardons in Missouri
- Who decides
- The Governor; the Board of Probation and Parole investigates applications
- How
- Download the Application for Executive Clemency (confined or non-confined applicant) from the Department of Corrections and submit it; the Parole Board investigates and makes a recommendation to the Governor. A full pardon restores your rights but does not remove the conviction from your record.
Law: Mo. Const. art. IV, § 7; RSMo 217.800
In nearby states
What to do now in Missouri
Start with your record
Find out exactly what your record shows: every arrest, charge and outcome. Missouri State Highway Patrol — Criminal Record Checks.
Check the waiting period
Waiting periods differ by case and remedy. Waiting periods.
File with the court
You file the request in the court that handled the case. How to file.
Talk to legal aid
Free help: Legal Services of Eastern Missouri and Legal Aid of Western Missouri.
Free help in Missouri
Questions about clearing a record in Missouri
What is the legal term in Missouri?
Expungement; closed records. Expungement closes all records of the arrest, plea, trial or conviction and restores you to the status you had before, as if it never happened. Closed records are hidden from the public but stay available to police, prosecutors, courts and certain licensing and employment checks.
Can convictions be cleared in Missouri?
Petition for expungement: Arrests, misdemeanor, municipal and infraction records, and felony convictions in Missouri courts that are not on the excluded list. Expungement of a first intoxication-related traffic or boating offense: One first-offense misdemeanor or ordinance DWI/BWI (not in a commercial vehicle). Expungement of an arrest based on false information or mistaken/stolen identity: Arrests based on false information with no probable cause; dismissed or not-guilty minor traffic arrests; charges filed because someone used your identity or you were misidentified.
Will Missouri clear my record on its own?
Starting no later than January 1, 2027, the Highway Patrol's central repository must screen records at least weekly and automatically expunge convictions for possession of a controlled substance or drug paraphernalia once 1 year (misdemeanor) or 3 years (felony) has passed since you completed all court-imposed terms and were released, with no new misdemeanor or felony conviction in that time, no pending charges or outstanding arrest, and no class A felony; the case must contain only qualifying convictions. These count toward the lifetime limit of 3 misdemeanors and 2 felonies. Separately, if your case was nolle prossed or dismissed, you were found not guilty, or you received a suspended imposition of sentence (SIS), the records become closed records when the case ends (for SIS, after probation). Closed records are hidden from the public but police, courts and some employers and agencies can still see them.
What about marijuana convictions in Missouri?
Under Amendment 3, courts had to automatically expunge records of misdemeanor marijuana offenses within 6 months, and of most completed felony marijuana offenses (and offenses no longer crimes) within 12 months, after it took effect in December 2022 — excluding sale to a minor, violent offenses and driving under the influence. More serious felony marijuana offenses are expunged when incarceration, probation or parole is completed. People still serving a sentence for a now-legal marijuana offense may petition the sentencing court to vacate it and expunge the record; no filing fee may be charged. After expungement you may deny the record on applications for jobs, licenses and civil rights, and the court issues a certificate of expungement.
What happens to juvenile records in Missouri?
After you turn 18 (or after your case closes, if the court kept jurisdiction longer), the juvenile court may, on its own or on your application, destroy social histories and records and seal the official court file and police records if that is in your best interest.
Who can still see a cleared record in Missouri?
After expungement your civil rights are fully restored, and you may answer 'no' when an employer asks if you were ever arrested, charged or convicted, if you have no other public record. You must still disclose it to a court when asked or when charged with a new crime, and on applications for state professional licenses, gaming licenses or firearm permits, and for jobs in law enforcement, emergency services, gaming, banks and credit unions, insurance, or with any employer that federal or state law requires to exclude certain convictions. An expunged crime cannot be an automatic bar except for those regulated jobs, and it can count as a prior offense in later sentencing.