Pick an answer above to see your routes, waits and costs.
At a glance
Violent, sex, class A and DWI offenses are mostly excluded, though a first misdemeanor DWI can be expunged after 10 years under a separate law. The 2022 marijuana amendment (Amendment 3) required courts to expunge most past marijuana offenses on their own. A 2026 law (SB 1421) adds automatic expungement of drug possession and paraphernalia convictions, starting no later than January 1, 2027.1,2,3,4
Expungement
Expungement by petition (RSMo 610.140)
Records held by the agencies you name in the petition are closed, court records become confidential, and the state repository asks the FBI to expunge its files. The order restores civil rights such as voting, jury service and holding office. You generally don't have to disclose the expunged offense and may answer "no" to an employer's question about arrests, charges or convictions if you have no other public record, but you must disclose it to a court when asked, and on applications for state professional licenses, gaming or firearms permits, lottery jobs, emergency services and law enforcement jobs, federally insured banks and credit unions, insurance jobs, and jobs where law requires excluding people with certain convictions. Police, prosecutors and courts can still use it as a prior offense.1,2,3
What it's for: Most Missouri misdemeanors, nonviolent felonies, municipal ordinance violations and infractions, up to lifetime limits.
Who can use it
- The offense happened in Missouri and was prosecuted in a Missouri court.
- The waiting period has passed since you completed the sentence, probation or other disposition.
- You had no new misdemeanor or felony conviction during the waiting period (most traffic offenses don't count against you).
- You have paid all fines and restitution and satisfied every other obligation of the sentence.
- You have no pending charges.
- Your habits and conduct show you are not a threat to public safety, and expungement is consistent with the public welfare and the interests of justice. If you meet the other criteria, the law presumes you qualify and the prosecutor must rebut it.
- Lifetime limit: up to two felonies and three misdemeanors or jailable ordinance violations (no limit on infractions). Offenses from the same course of conduct can be filed together and count as one, at the highest level.
What doesn't qualify
- Any class A felony.
- Any "dangerous felony" as defined in RSMo 556.061.
- Any offense that requires sex offender registration.
- Any felony where death is an element.
- Any felony assault, misdemeanor or felony domestic assault, or felony kidnapping.
- A long list of other offenses named in 610.140.3(6), including chapter 566 sex offenses.
- Any intoxication-related traffic or boating offense (RSMo 577.001), and operating an aircraft while intoxicated (see the separate DWI expungement below).
- Any traffic law violation committed by someone who holds or is required to hold a commercial driver's license.
- Most weapons offenses under RSMo 571.030, with limited exceptions.
- After a petition is dismissed for not meeting the criteria, you must wait one year from the prior filing date to file again.
How long you have to wait
| Record | Waiting period |
|---|---|
| Felony | 3 yearsCounted from completing the sentence, probation or other authorized disposition (RSMo 557.011). |
| Misdemeanor, municipal ordinance violation or infraction | 1 yearSame starting point. |
| Arrest with no charge or conviction | 18 months after the arrestFile in the county of arrest. You must not have been charged with, or found guilty of, any misdemeanor or felony during that time (610.140.7). |
How to apply
- List every offense you want expunged in one petition, using the court's form (CR360 for 610.140).
- Name every agency that may have records as a defendant: courts, police and sheriff, prosecutors, the Missouri State Highway Patrol records repository, and others. The order binds only the agencies you name.
- File in the circuit court of the county where you were charged or found guilty, and pay the filing fee or file a request to proceed as a poor person.
- Have the defendants served. The prosecutor has 30 days to object in writing; if there is an objection, the court generally sets a hearing.
- The court must issue an order of expungement or dismissal within six months of filing.
- Where to file
- The Missouri circuit court in the county where you were charged or found guilty (for an arrest only, the county of arrest).
- Cost
- There is no single statewide amount. You pay the local circuit court filing fee plus a fee to serve each named agency: Boone County's packet lists about $100.50 to file plus $7 per certified-mail service or $30 by sheriff. The $250 surcharge that RSMo 488.650 used to add to every 610.140 petition was repealed by 2023 S.B. 103, effective August 28, 2023.
- If you can't pay
- You can ask to file without paying. File a Motion and Affidavit in Support of Request to Proceed as a Poor Person (form GN10) with your petition; the judge decides. If it is granted, the court covers service costs.
- Court hearing
- Sometimes
- How long it takes
- The court must rule (grant or dismiss) within six months of filing (610.140.8).
- The law
- RSMo 610.140
Official forms
Expungement
Expungement of a first alcohol-related driving offense (RSMo 610.130)
Court records of the offense become confidential (available only to the parties or by court order), and you are treated as if the arrest, plea or conviction never happened; you can't be charged with perjury for not disclosing it. The state may keep a record to enforce the one-time limit.3,7
What it's for: One first intoxication-related traffic or boating offense that was a misdemeanor or a city or county ordinance violation, after 10 years.
Who can use it
- It was your first intoxication-related traffic or boating offense, and it was a misdemeanor or ordinance violation.
- At least 10 years have passed.
- You have had no later intoxication-related traffic or boating conviction, no later alcohol-related enforcement contacts, and nothing of the kind is pending.
- Only one expungement under this section is allowed per person.
What doesn't qualify
- A conviction for driving a commercial motor vehicle under the influence of alcohol.
- Anyone who holds, or is required to hold, a commercial driver's license from Missouri or another state.
- Felony DWI offenses and second or later offenses.
How long you have to wait
| Record | Waiting period |
|---|---|
| First misdemeanor or ordinance DWI/BWI | 10 years |
How to apply
- Apply to the court where you pleaded guilty or were sentenced; the 13th Circuit packet notes you must draft your own petition for 610.130.
- The court holds a hearing and, if the conditions are met, must enter an order of expungement.
- Where to file
- The court where you pleaded guilty or were sentenced.
- Cost
- Local court filing fee plus service; Boone County's packet lists about $100.50 for a 610.130 petition.
- If you can't pay
- You can ask to file without paying. Form GN10, Motion and Affidavit in Support of Request to Proceed as a Poor Person.
- Court hearing
- Yes
- The law
- RSMo 610.130
Official forms
Expungement
Automatic expungement of drug possession and paraphernalia convictions (RSMo 610.141)
Eligible convictions are expunged as a matter of law, with records closed and civil rights restored, without a petition or fee. Court case records become confidential and the Highway Patrol shares deletion information with consumer reporting agencies on request. As with petition expungement, you must still disclose to agencies allowed to see closed records, and the offense can count as a prior in a later case.8,9
What it's for: Convictions for drug possession (RSMo 579.015, or 195.202 before 2017) and unlawful possession of drug paraphernalia (RSMo 579.074, or 195.233 before 2017).
Who can use it
- A final conviction for one of the four qualifying possession or paraphernalia offenses, and the case contains only qualifying convictions.
- 1 year has passed since final disposition for a misdemeanor, or 3 years for a felony, with no new misdemeanor or felony conviction in that time (most traffic offenses don't count).
- No outstanding arrest or pending misdemeanor or felony charge when the check is run.
- Applies to past convictions too, as long as there is an electronic record.
- Counts toward the same lifetime limit as petition expungement (two felonies and three misdemeanors combined).
What doesn't qualify
- Class A felonies.
- Cases that include any non-qualifying conviction.
- Offenses other than the four listed possession and paraphernalia offenses (use a 610.140 petition instead).
How long you have to wait
| Record | Waiting period |
|---|---|
| Qualifying misdemeanor | 1 year after final dispositionFinal disposition means completing all court-imposed terms and unconditional release from custody. |
| Qualifying felony | 3 years after final disposition |
Happens automatically. The Missouri State Highway Patrol's central repository must screen records at least weekly and expunge eligible convictions; the Office of State Courts Administrator closes the court records. The law says this starts "when technically feasible" but "no later than January 1, 2027." If an eligible record isn't expunged, the only remedy is to file a 610.140 petition.
How to apply
- No filing is needed.
- After the program starts, check whether your case still appears on Case.net, Missouri's public court case search.
- If an eligible conviction was missed, file a petition under 610.140.
- Where to file
- Handled by the Missouri State Highway Patrol central repository and the Office of State Courts Administrator.
- Cost
- Automatic; the statute requires no filing.
- Court hearing
- No
- How long it takes
- Begins when technically feasible, no later than January 1, 2027; screening runs at least weekly after that.
Expungement
Marijuana expungement (Mo. Const. art. XIV, sec. 2.10)
The conviction and sentence are vacated as legally invalid and records are expunged, restoring the person to the status before the arrest. You may deny the record on job, licensing and similar applications and can't be prosecuted again for the vacated offense.5,10
What it's for: Most past marijuana offenses that are no longer crimes, plus misdemeanor and felony marijuana possession offenses, under the 2022 voter-approved Amendment 3.
Who can use it
- Offenses that are no longer crimes under Amendment 3, misdemeanor marijuana offenses, and felony marijuana offenses.
- People in custody or under supervision for a marijuana misdemeanor, or a class D or E felony involving 3 pounds or less, could petition the sentencing court (if incarcerated) or were released from probation or parole automatically.
What doesn't qualify
- Distribution or delivery to a minor.
- Offenses involving violence.
- Operating a motor vehicle while under the influence of marijuana.
- Class A, B and C felonies, and class D felonies involving more than 3 pounds, are expunged only after the person finishes incarceration, probation or parole.
How long you have to wait
| Record | Waiting period |
|---|---|
| Marijuana misdemeanor (automatic) | Courts were to finish within 6 months of the amendment's December 8, 2022 effective date (by June 8, 2023)News reports said courts would miss the deadlines, so check Case.net to see whether your case was cleared. |
| Marijuana felony, person not under supervision (automatic) | Courts were to finish within 12 months of the amendment's December 8, 2022 effective date (by December 8, 2023) |
Happens automatically. Courts were required to expunge eligible marijuana records on their own. People who were incarcerated had to petition the sentencing court, and the Office of the State Public Defender must provide a pro se form.
How to apply
- Most eligible records should already be expunged; check Case.net.
- If you were incarcerated for an eligible offense, petition the sentencing court to vacate the sentence and expunge the records; the court must grant it absent good cause.
- Where to file
- The circuit court where the case was handled.
- Cost
- For petitions by people in custody or under supervision, the amendment says the court "shall not assess any filing fee."
- Court hearing
- Sometimes
Automatic clearing
Missouri has two automatic programs, neither a broad Clean Slate law. (1) Since Amendment 3 (2022), courts must automatically expunge most past marijuana offenses. (2) RSMo 610.141, enacted by SB 1421 (2026), makes drug possession and paraphernalia convictions expunge automatically 1 year (misdemeanor) or 3 years (felony) after final disposition. The section became law August 28, 2026, but screening starts "when technically feasible" and no later than January 1, 2027. The date shown is when court-ordered marijuana expungement under Amendment 3 began. Other offenses still require a petition under 610.140.5,8,10
DUI and DWI records in Missouri
Intoxication-related traffic and boating offenses are excluded from regular expungement (RSMo 610.140.3(8)), and so is any traffic violation by a commercial driver's license holder. The one exception is RSMo 610.130: a first intoxication-related driving or boating offense that was a misdemeanor or ordinance violation can be expunged once, after 10 years, if you have had no later alcohol-related offenses or enforcement contacts and you don't hold or need a CDL. Felony DWI and repeat offenses are not eligible. Marijuana-impaired driving is excluded from Amendment 3 expungement.1,7,10
Arrests and dismissed charges
Under RSMo 610.105, when a case is nolle prossed or dismissed, you are found not guilty, or you got a suspended imposition of sentence (SIS), the official records become closed records once the case is finally over; the judgment and the prosecutor's final action stay accessible. To fully expunge an arrest, you can petition under 610.140.7 no earlier than 18 months after the arrest if you weren't charged or found guilty of any misdemeanor or felony in that time, or under 610.122 if the arrest was based on false information, or for a dismissed minor traffic charge (not intoxication-related, not a commercial driver).1,11,12
Marijuana records
Amendment 3 (Mo. Const. art. XIV, sec. 2.10) required courts to automatically expunge most marijuana offenses, misdemeanors within 6 months and felonies within 12 months of the amendment's December 8, 2022 effective date, and let people in custody petition the sentencing court with no filing fee. It excludes distribution to a minor, offenses involving violence, and driving under the influence of marijuana. News reports in 2023 said courts would miss the deadline; check Case.net to see whether your case was cleared. Possession convictions not cleared this way may be covered by the new automatic expungement in RSMo 610.141 starting by January 1, 2027.5,10
What employers can see afterward
After a 610.140 expungement you may answer "no" to an employer's question about arrests, charges or convictions if no other public record remains, but you must disclose for jobs where law requires excluding people with certain convictions, and for gaming, lottery, emergency services and law enforcement, federally insured banks and credit unions, and insurance jobs (610.140.10-11). Employers must tell applicants about those disclosure rules. An expunged offense isn't automatic grounds to disqualify you, but it may be a factor in denying a job or license. Under RSMo 610.143 (2026), records covered by a full pardon or expungement, and arrests that didn't lead to a conviction, may no longer be reported; the Attorney General and harmed consumers can sue over violations; and employers, volunteer groups and landlords are generally immune from liability tied to an expunged record if they used reasonable care. We did not confirm a ban-the-box law covering private employers.1,13
Free help in Missouri
- Missouri Courts: Expungement
Official explanation of expungement and free court forms and instructions.
- Clear My Record Missouri pro se guide (UMKC Expungement Clinic)
Free step-by-step guide to filing on your own, including the fee-waiver application.
Before you file
- You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.15,16,17
- The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.18,19
This page explains Missouri's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Can I clear my record in Missouri?" https://secondchanceindex.com/record-clearing/missouri, checked October 21, 2026.
Sources
Each source was opened and checked on October 21, 2026.
- RSMo 610.140
- CR360 Petition for Expungement - Section 610.140 RSMoMissouri Courts
- Expungement packet13th Judicial Circuit of Missouri (Boone County)
- RSMo 488.650 (Repealed L. 2023 S.B. 103)Missouri Revisor of Statutes
- ExpungementMissouri Courts
- RSMo 488.650, version effective 1/1/2018 to 8/28/2023 ($250 surcharge on 610.140 petitions)Missouri Revisor of Statutes
- RSMo 610.130
- RSMo 610.141 (L. 2026 S.B. 1421)
- Senator Brian Williams' Landmark Automatic Expungement Proposal Passed by General AssemblyMissouri Senate
- Mo. Const. art. XIV, sec. 2.10(7)-(8)
- RSMo 610.105Missouri Revisor of Statutes
- RSMo 610.122Missouri Revisor of Statutes
- RSMo 610.143 (effective 8/28/2026)Missouri Revisor of Statutes
- RSMo 610.144 Missouri Expungement Fund (effective 8/28/2026)Missouri Revisor of Statutes
- List of consumer reporting companiesConsumer Financial Protection Bureau
- What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
- Employer Background Checks and Your RightsFederal Trade Commission
- 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
- Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)