Missouri Arrest Record Expungement FAQ Frequently Asked Questions

This page was designed to help our clients better understand our Missouri Arrest Record Expungement service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.



What if I don’t know exactly what’s on my record?

If you’re not sure what’s on your record, we would be happy to help you get a copy of your record and determine what your options are. We do charge a researching fee, which is then applied to the cost of any service you hire us to perform.

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What if I have multiple cases on my record?

We will need to file a separate petition for each arrest on your record that you would like expunged.

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What is the main reason my request to expunge my record could be denied?

Cases can be denied because there was an inaccuracy in the file, an inaccuracy in the application or petition, there are additional charges pending, or you have not met the required waiting period to become eligible to have your record expunged. For factual innocence cases, it is also very challenging to prove that you are innocent of the offense.

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What does it mean for there to be no probable cause or for me to be “factually innocent”?

No probable cause and factual innocence means there was no reasonable cause that existed to believe that you committed the offense for which the arrest was made. Having the charge dismissed is not always enough to prove factual innocence, and you made need other evidence to prove that there was no reasonable cause for the arrest.

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If my arrest was based on false information, is that enough to prove factual innocence?

If your arrest was based on false information, you will also need to show that there was no probable cause, no charges will be pursued, you have no prior or subsequent convictions, you did not receive a suspended sentence for the offense for which the arrest was made, and there are no civil actions pending related to the arrest.

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Why should I seal my arrest record even if the charges were dropped?

Your arrest record will still appear on official background checks even if the charges were dropped and you were never convicted of a crime. Expunging your arrest record based on factual innocence will get the arrest information off your record and will save you from having to disclose your arrest.

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How do I get my arrest record expunged for factual innocence?

You must file a petition for expungement in the court in the county of the arrest. Once you determine what services you are eligible for with our free online eligibility test, we can help you with filing all the correct documents, appearing before the court, and responding to any objections.

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Does expungement for factual innocence mean that my record is destroyed?

If your record is expunged because of a lack of probable cause or because it is a traffic-related offense, the actual record are either purged or blacked out. The records are also requested to be removed from the FBI database.

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Will I still need to disclose my arrest?

Even if you are granted a sealing, you may still have to disclose your case in certain situations, such as if the employer is required to exclude applicants with certain criminal arrests due to federal or state law.

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Is there a way to make the process go faster?

Courts usually review cases on a first come, first served basis.

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Will I need to go to court?

Usually you will not be required to go to court. We will send one of our expert attorneys to appear on your behalf. However, in the event that the judge requests your presence and you are not able to attend, we will request that your presence be excused.

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Can I serve on a jury if I get my record expunged?

Under Missouri law, the following persons are disqualified from serving as a petit or grand juror: (1)  Any person who is less than twenty-one years of age; (2)  Any person not a citizen of the United States; (3)  Any person not a resident of the county or city not within a county served by the court issuing the summons; (4)  Any person who has been convicted of a felony, unless such person has been restored to his civil rights; (5)  Any person unable to read, speak and understand the English language, unless such person's inability is due to a vision or hearing impairment which can be adequately compensated for through the use of auxiliary aids or services; (6)  Any person on active duty in the Armed Forces of the United States or any member of the organized militia on active duty under order of the governor; (7)  Any judge of a court of record; (8)  Any person who, in the judgment of the court, is incapable of performing the duties of a juror because of mental or physical illness or infirmity. (Missouri Revised Statute 494.425).

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Does an expungement seal the entire case?

Yes. Expunged cases are removed from all electronic files maintained with the state of Missouri, except for the files of the court. The records and files maintained for any offense ordered expunged become confidential and only available to the parties or by order of the court. (Mo. Rev. Stat. § 610.140(7))

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Will my MO criminal record prohibit me from visiting Canada?

The Canadian government has entered into an information sharing agreement with the United States, so the Canadian government has access to whatever information the United States has on file. The benefit of expungement is that it will show the Canadian government that the matter was resolved and is no longer considered a conviction. This will improve the odds of being granted entry into Canada.

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Can I get a Sentri Pass after the case is expunged?

The Border Patrol has discretion to grant or deny a Sentri pass application; therefore the best thing to do is to clear your record as much as possible before applying for a pass, as it could be the difference between having your request accepted or denied.

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Will an expungement help with immigration?

Since each case is unique, it is important to get a case-by-case analysis tailored to your specific facts. This will allow you to know if your criminal case is affecting your immigration case and/or if an expungement or reduction could help. To discuss your case with our in-house immigration attorney, please call 714-617-8395.

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Can my case still be used against me?

A person’s rights restored upon issuance of the order of expungement. Except in certain circumstances, the effect of an expungement restores a person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. (Mo. Rev. Stat. § 610.140(8)) Expunged cases are removed from all electronic files maintained with the state of Missouri, except for the files of the court. The records and files maintained for any offense ordered expunged become confidential and only available to the parties or by order of the court. The central repository shall request the Federal Bureau of Investigation to expunge the records from its files. (Mo. Rev. Stat. § 610.140(7)) If you have been granted an expungement, you may answer “no” to an employer's inquiry into whether you have ever been convicted of a crime. (Mo. Rev. Stat. § 610.140(10))

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What will show up when someone does a background check after my Missouri record is expunged?

A person’s rights restored upon issuance of the order of expungement. Except in certain circumstances, the effect of an expungement restores a person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. (Mo. Rev. Stat. § 610.140(8)) Expunged cases are removed from all electronic files maintained with the state of Missouri, except for the files of the court. The records and files maintained for any offense ordered expunged become confidential and only available to the parties or by order of the court. The central repository shall request the Federal Bureau of Investigation to expunge the records from its files. (Mo. Rev. Stat. § 610.140(7))

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Can I become a schoolteacher, nurse, or other occupation after my record is expunged in MO?

After an issuance of an expungement, a persons record becomes closed. Although closed records are not generally available to the public, a persons record will remain available to criminal justice agencies and to a number of public entities for the screening of applicants for professional licenses or employment in sensitive areas such as private security, law enforcement, and care of children, the elderly, and the disabled. (Mo. Rev. Stat. § 610.140(9))

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Can I become a police officer after a MO expungement?

After an expungement your case becomes closed. Generally, closed records are not available to the public, but your record will remain available to criminal justice agencies for use in screening out applicants for professional licenses or employment in sensitive areas such as law enforcement. (Mo. Rev. Stat. § 610.140(9)) Therefore, a person will not necessarily be disqualified from becoming a police officer, however, enforcement agencies are not prevented from considering their record, even after an expungement.

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Can I work at a bank after my record is expunged?

The Federal Deposit Insurance Act Section 19 allows banks to bar individuals that have had “Breach of Trust” or "Dishonesty" conviction from positions that they would otherwise be qualified for. This prohibition applied even if the conviction has been expunged. Whether a crime involves dishonesty or breach of trust will be determined from the elements of the crime itself as defined in the statute. If you think you may have been were denied a position or were terminated from a bank because of one of a “breach of trust” or "dishonesty" conviction, then you may be able seek a waiver from the Federal Deposit Insurance Corporation (FDIC). It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver, which would allow you to hold a job with a bank or other financial institution.

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Can I challenge my judgment?

Judgments may be set aside for irregularity, if it is challenged within three years of when the judgment was rendered. (Mo. Rev. Stat. § 511.250). However, successfully challenging a judgment is improbable, and the best option for relief is likely through an expungement.

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The first step towards a better life begins with finding out if you are eligible for Missouri Arrest Record Expungement.



FREE Eligibility Test



SERVING ALL OF MISSOURI

Call us at 816-492-2379 or Toll Free (877) 573-7273
Please take the free online eligibility test before calling.

Law Firm of Higbee & Associates
107 W. 9th Street
2nd Floor
Kansas City, MO. 64105
*By Appointment Only