Clearing a DUI From Your Record in Missouri
Whether a DUI or DWI conviction can be expunged or sealed in Missouri, and what to do instead if it can't.
Short answer: Intoxication-related traffic and boating offenses cannot be expunged under the general expungement law. RSMo §§ 610.130, 610.140(3)(8)
| DUI / DWI convictions | Intoxication-related traffic and boating offenses cannot be expunged under the general expungement law. Instead, someone with a first intoxication-related traffic or boating offense that was a misdemeanor or ordinance violation may apply after at least 10 years, if they have had no further intoxication-related offense. The court must grant expungement if it finds no later intoxication-related offenses, no other alcohol-related enforcement contacts, and nothing pending. This is allowed only once in a lifetime and is not available to commercial driver's license holders or for commercial-vehicle DUI. Source: RSMo §§ 610.130, 610.140(3)(8) |
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| How to apply | File a petition in the court where the person was charged or found guilty, listing every crime to be expunged. Name as defendants all law enforcement agencies, courts, prosecutors, central state repositories and others believed to hold the records; the order does not bind anyone left out. The clerk notifies the prosecutor, who has 30 days to object in writing; if there is an objection, the court holds a hearing within 60 days. If the person meets the time, record and payment requirements, saying in the petition that they are not a threat to public safety and that expungement serves justice creates a presumption that it is warranted, and the prosecutor must rebut it. Victims may be heard. The court must decide within 6 months of filing. A denied petition cannot be refiled for one year. Courts must provide a pro se petition form; the Missouri courts form for 610.140 petitions is CR 360. |
Where to get help in Missouri
More Missouri expungement & criminal records
- Getting a Copy of Your Missouri Criminal Record
- Expunging or Sealing a Felony in Missouri
- How to File for Expungement in Missouri
- Sealing or Expunging Juvenile Records in Missouri
- All Missouri expungement & criminal records rules
FAQ
Can a DUI be expunged in Missouri?
Intoxication-related traffic and boating offenses cannot be expunged under the general expungement law. Instead, someone with a first intoxication-related traffic or boating offense that was a misdemeanor or ordinance violation may apply after at least 10 years, if they have had no further intoxication-related offense. The court must grant expungement if it finds no later intoxication-related offenses, no other alcohol-related enforcement contacts, and nothing pending. This is allowed only once in a lifetime and is not available to commercial driver's license holders or for commercial-vehicle DUI.
How do you file for expungement in Missouri?
File a petition in the court where the person was charged or found guilty, listing every crime to be expunged. Name as defendants all law enforcement agencies, courts, prosecutors, central state repositories and others believed to hold the records; the order does not bind anyone left out. The clerk notifies the prosecutor, who has 30 days to object in writing; if there is an objection, the court holds a hearing within 60 days. If the person meets the time, record and payment requirements, saying in the petition that they are not a threat to public safety and that expungement serves justice creates a presumption that it is warranted, and the prosecutor must rebut it. Victims may be heard. The court must decide within 6 months of filing. A denied petition cannot be refiled for one year. Courts must provide a pro se petition form; the Missouri courts form for 610.140 petitions is CR 360.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.