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Missouri Expungement Laws: Mo. Rev. Stat. § 610.140 Guide (2025)

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed September 2, 20269 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 1 primary source cited on this page. How we verify our legal content

Missouri Expungement Laws: Mo. Rev. Stat. § 610.140 Guide (2025)

Missouri allows eligible residents to petition a circuit court to expunge arrests, pleas, and convictions under Mo. Rev. Stat. § 610.140, a statute substantially amended in 2024 that expanded lifetime caps and took effect January 1, 2025. A separate, narrower automatic pathway under Mo. Rev. Stat. § 610.141, enacted by 2026 S.B. 1421, expunges certain drug possession and paraphernalia convictions without a petition.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Missouri state expungement only. For a state-by-state comparison, see Expungement Laws by State.

What Missouri's § 610.140 Covers

Missouri's general expungement statute, Mo. Rev. Stat. § 610.140, allows a person to petition a Missouri circuit, associate circuit, or municipal court to expunge records of arrests, pleas, trials, and convictions for offenses prosecuted under Missouri law. The 2024 amendment (2024 S.B. 754, effective January 1, 2025) expanded the lifetime caps and clarified several procedural points. A single petition may list multiple offenses if they arose from the same course of criminal conduct, and those related offenses count as one entry toward the lifetime caps. Once expunged, a record is treated as if it never occurred for most purposes, and the person may lawfully answer "no" to most inquiries about prior arrests or convictions, subject to the mandatory disclosure exceptions described below.

The statute does not itself set a dollar amount for the circuit court filing fee. Standard circuit court civil filing fees apply, and petitioners should contact the clerk of the court where the underlying offense was prosecuted to confirm the current amount. Fee waiver procedures available under Missouri's in forma pauperis rules may apply to eligible petitioners.

Waiting Periods and Eligibility Criteria

To file under Mo. Rev. Stat. § 610.140, a petitioner must satisfy a waiting period measured from the date the petitioner completed the authorized disposition, meaning the sentence, probation, parole, or any other condition imposed by the court (Mo. Rev. Stat. § 610.140). The required periods are:

an hourglass beside a closed folder on a desk

  • Felony convictions: At least 3 years from completion of disposition.
  • Misdemeanor convictions, ordinance violations, and infractions: At least 1 year from completion of disposition.
  • Arrests without a resulting conviction: A petition may be filed no earlier than 18 months from the date of arrest.

Beyond the waiting period, the court evaluates six factors before granting the petition: (1) the required time has elapsed; (2) the petitioner has not been found guilty of any other misdemeanor or felony during the waiting period, excluding traffic violations; (3) the petitioner has satisfied all obligations imposed at disposition, including fines and restitution; (4) no criminal charges are pending against the petitioner; (5) the petitioner's habits and conduct show no threat to public safety; and (6) the expungement is consistent with public welfare and the interests of justice (Mo. Rev. Stat. § 610.140).

At any hearing, the court may accept evidence and hear testimony on these six criteria. Criteria (1) through (4) must be affirmatively established, but under Mo. Rev. Stat. § 610.140.6, a petitioner's pleading that criteria (5) and (6) are met creates a rebuttable presumption that the expungement is warranted, and the burden shifts to the prosecuting or circuit attorney to rebut it.

Lifetime Caps: How Many Expungements Missouri Allows

Missouri limits the total number of expungements a person may obtain over a lifetime. Under the 2024 amended version of Mo. Rev. Stat. § 610.140 (effective January 1, 2025), those limits are:

hands typing on a laptop showing a blank application form

  • Felony offenses: No more than 2 felony expungements in a lifetime.
  • Misdemeanor offenses and ordinance violations that have an authorized term of imprisonment: No more than 3 expungements in a lifetime.
  • Infractions: No numerical limit.

When a single incident produces charges at multiple levels, the offenses count toward the cap for the highest offense level only. For example, a felony conviction and an accompanying misdemeanor from the same course of conduct count together as one felony toward the felony cap.

Before the 2024 amendment, the caps were lower: 1 felony and 2 misdemeanors. If you had an expungement granted under the prior limits, have a Missouri criminal defense lawyer check in a free consultation whether the expanded caps allow another (attorney advertising).

Automatic Expungement Under § 610.141: The 2026 Clean Slate Law

Missouri enacted a separate automatic expungement pathway through 2026 S.B. 1421, signed by the Governor on July 9, 2026 and codified at Mo. Rev. Stat. §§ 610.141, 610.143, and 610.144. Unlike the petition process under § 610.140, this law requires no filing, but it applies only to a narrow set of drug offenses: possession of a controlled substance under former § 195.202 or current § 579.015, and unlawful possession of drug paraphernalia under former § 195.233 or current § 579.074.

To qualify, the conviction must be the only conviction in its case, the person must have picked up no new misdemeanor or felony conviction and have no pending charges within the same 1-year (misdemeanor) or 3-year (felony) window used for petition-based waiting periods, and the offense cannot be a class A felony. The law applies retroactively to any arrest, charge, trial, or conviction with an electronic record, regardless of date.

The state's central repository must screen criminal history records for eligible offenses at least once a week and automatically expunge qualifying records, notifying the Office of State Courts Administrator. Automatic expungements under § 610.141 count toward the same combined lifetime limit as petition-based expungements: 3 misdemeanors and 2 felonies total. If an eligible record is not automatically expunged, the sole remedy is to file a petition under § 610.140. The law takes effect once the Office of State Courts Administrator and the central repository certify it is technically feasible, but no later than January 1, 2027; the Highway Patrol must begin reporting yearly expungement statistics to legislative committees starting January 1, 2028.

Offenses That Cannot Be Expunged Under § 610.140

Missouri law bars expungement of certain offenses entirely, regardless of how much time has passed or how well the petitioner otherwise qualifies. The following categories are ineligible under Mo. Rev. Stat. § 610.140(3):

  • Class A felonies (the most serious felony classification in Missouri).
  • Dangerous felonies as defined by Missouri statute.
  • Sex offenses requiring registration under Missouri's sex offender registry laws.
  • Felonies involving death as an element of the offense.
  • Felony assault, domestic assault, and kidnapping.
  • Offenses listed in Chapter 566 (sexual offenses) and numerous other specific statutory provisions.
  • Intoxication-related traffic or boating offenses as defined in Mo. Rev. Stat. § 577.001, including driving while intoxicated, driving with excessive blood alcohol content, boating while intoxicated, and offenses where the defendant operated a vehicle or vessel while intoxicated and another person was injured or killed.
  • Commercial driver's license (CDL) violations involving operation of a commercial vehicle.
  • Certain firearms offenses.

If your offense falls into any of these categories, § 610.140 does not provide a path to expungement. See the DWI section below for the limited exception under § 610.130.

DWI and Alcohol-Related Offenses: The § 610.130 Exception

Intoxication-related traffic offenses are excluded from § 610.140 with no exception for first-time offenders or older convictions. However, Missouri provides a separate, narrower path under Mo. Rev. Stat. § 610.130 for a very specific subset of DWI cases.

Section 610.130 permits expungement of a first-offense intoxication-related traffic or boating offense if all of the following conditions are met:

  • The offense was a misdemeanor (not a felony) or an ordinance violation.
  • At least 10 years have passed since the conviction or guilty plea.
  • The person has had no additional intoxication-related traffic or boating convictions since the original offense.
  • The person has no other alcohol-related enforcement contacts under Mo. Rev. Stat. § 302.525 since the original offense.
  • No intoxication-related charges are pending at the time of the hearing.
  • The person did not hold or was not required to hold a commercial driver's license at the time of the offense.

A person is entitled to only one expungement under § 610.130 in a lifetime. Upon expungement, the record becomes confidential and available only to the parties or by court order for good cause. The person is restored to pre-arrest status and may legally deny that the offense occurred in response to most inquiries (Mo. Rev. Stat. § 610.130).

Arrest Records Without a Conviction: § 610.122

Arrests that did not result in a conviction may qualify for expungement under Mo. Rev. Stat. § 610.122, which operates separately from § 610.140. Two scenarios qualify:

Scenario 1 (False information): The court finds the arrest was based on false information, no probable cause for arrest exists at the time of the expungement petition, no charges relating to the arrest will be pursued, and the person never received a suspended imposition of sentence for that offense.

Scenario 2 (Dismissed charge): The person was arrested for a misdemeanor under Chapter 303 or a moving traffic violation (excluding intoxication-related traffic offenses), the charge was nolle prossed, dismissed, or the person was found not guilty, and the person was not a commercial driver's license holder operating a commercial vehicle at the time.

Section 610.122 contains no explicit waiting period. However, a record of arrest is only eligible under this section if no civil action is pending that relates to the arrest (Mo. Rev. Stat. § 610.122).

How to File for Expungement in Missouri

The petition for expungement under § 610.140 is filed in the court where the arrest, charge, or conviction was entered. The petition must identify each offense to be expunged and include relevant case information. Missouri Courts publishes self-help forms at courts.mo.gov. The prosecuting attorney or circuit attorney receives notice and has 30 days to file a written objection. A hearing is mandatory only if an objection is filed: in that case, unless the parties agree otherwise, the court must hold a hearing within 60 days after the written objection. If no objection is filed within the 30-day window, the court may set a hearing but is not required to. Either way, the court must issue an order of expungement or dismissal within 6 months of the petition's filing (Mo. Rev. Stat. § 610.140).

a hand resting on a closed manila folder on a service counter with a blurred clerk behind it

At any hearing, the court weighs the evidence. Criteria (1) through (4) must be affirmatively satisfied, while pleading criteria (5) and (6) creates a rebuttable presumption in the petitioner's favor that the prosecuting or circuit attorney must rebut (RSMo 610.140.6).

A copy of the order of expungement goes to the petitioner and to each entity holding records covered by the order. Upon receipt of the order, each entity must close any record in its possession relating to a crime listed in the petition, in the manner established by Mo. Rev. Stat. § 610.120. Neither § 610.140 nor § 610.120 sets a deadline for completing that closure. Closed records are not destroyed and remain available to law enforcement and the other agencies § 610.120 lists, but the person regains civil rights including the right to vote, hold public office, and serve on a jury.

Mandatory disclosure exceptions: Even after expungement, a person must disclose the record when applying for certain professional licenses, employment at financial institutions, positions requiring criminal history disclosure under federal or state law, and when seeking permits related to firearms or alcohol (Mo. Rev. Stat. § 610.140).

Disclaimer: This article provides general legal information about Missouri expungement law as of May 29, 2026, based on Mo. Rev. Stat. §§ 610.140, 610.130, and 610.122. It is not legal advice. Missouri expungement law is complex, and individual eligibility depends on the specific facts of your case. Consult a licensed Missouri attorney before filing a petition.

This page covers Missouri expungement law as of May 29, 2026. Laws change; verify current statutes at revisor.mo.gov before relying on this information.

More Missouri Laws

Frequently Asked Questions

How do you expunge your record in Missouri?

To expunge a record in Missouri, file a petition in the court where the arrest or conviction occurred. The petition must list each offense and satisfy the waiting period: 3 years after completing a felony sentence or 1 year after completing a misdemeanor sentence. The prosecuting attorney receives notice, has 30 days to object, and the court must decide within 6 months. Missouri Courts provides self-help forms at courts.mo.gov. Standard circuit court filing fees apply.

What does Missouri Revised Statutes § 610.140 cover?

Mo. Rev. Stat. § 610.140 is Missouri's primary expungement statute. It allows petition-based expungement of most misdemeanor and many felony convictions, as well as arrests, from Missouri court records. The version effective January 1, 2025 (amended by 2024 S.B. 754) permits up to 2 felony expungements and up to 3 misdemeanor expungements (limited to misdemeanors and ordinance violations that carry an authorized term of imprisonment) in a lifetime, with a 3-year wait for felonies and a 1-year wait for misdemeanors. A separate 2026 law, S.B. 1421, added automatic expungement under § 610.141 for a narrow set of drug possession and paraphernalia convictions, counted toward the same lifetime caps.

Does Missouri have automatic expungement?

Yes, for a narrow category of offenses. 2026 S.B. 1421, signed by the Governor July 9, 2026, created automatic expungement under Mo. Rev. Stat. § 610.141 for drug possession and drug paraphernalia convictions under former §§ 195.202/195.233 or current §§ 579.015/579.074, with no petition required. The central repository screens records at least weekly and expunges qualifying offenses that meet the same 1-year misdemeanor and 3-year felony windows used under § 610.140, and these count toward the same combined 3-misdemeanor/2-felony lifetime cap. The law is effective no later than January 1, 2027.

How many expungements can you get in Missouri?

Under Mo. Rev. Stat. § 610.140 as amended effective January 1, 2025, a person may obtain up to 2 felony expungements and up to 3 misdemeanor or ordinance violation expungements that carry an authorized term of imprisonment in a lifetime. There is no limit on the number of infraction expungements. Related offenses from the same course of criminal conduct count as a single expungement toward the applicable cap.

Can a felony be expunged in Missouri?

Yes, many felonies can be expunged in Missouri under § 610.140 after a 3-year waiting period from the completion of the sentence. However, Class A felonies, dangerous felonies, felonies involving death, felony assault, domestic assault, kidnapping, and sex offenses requiring registration are permanently ineligible. The lifetime limit is 2 felony expungements.

Can a DWI be expunged in Missouri?

A DWI conviction is ineligible for expungement under the general § 610.140 statute. However, Mo. Rev. Stat. § 610.130 provides a narrow exception for a first-offense misdemeanor DWI: the person must wait at least 10 years, must have no additional intoxication-related offenses or alcohol enforcement contacts since the conviction, and must not have held a commercial driver's license at the time. Only one § 610.130 expungement is allowed per lifetime.

How long does it take to get an expungement in Missouri?

Mo. Rev. Stat. § 610.140 requires the court to issue an order of expungement or dismissal within 6 months of the petition's filing. A hearing is required only if the prosecuting attorney files a written objection, in which case the court must hold it within 60 days of that objection; if no objection is filed, the court may decide whether to set a hearing. Once the court enters the order, each entity holding covered records must close them upon receipt of the order, and the statute sets no deadline for finishing that step. Total time from filing to completed expungement typically ranges from a few months to just under a year.

What offenses are excluded from expungement in Missouri?

Missouri § 610.140 permanently bars expungement of Class A felonies, dangerous felonies, sex offenses requiring registration, felonies with death as an element, felony assault, domestic assault, kidnapping, Chapter 566 sexual offenses, all intoxication-related traffic and boating offenses under § 577.001, commercial driver's license violations, and certain firearms offenses. A first-offense misdemeanor DWI may qualify under the separate § 610.130 after 10 years.

Does Missouri expungement restore gun rights?

Missouri's expungement statutes restore a range of civil rights, including voting, holding public office, and jury service. Restoration of firearm rights after expungement is a complex federal and state question that depends on the underlying offense and applicable federal law. Consult a licensed Missouri attorney for guidance specific to your situation and the federal firearms statutes.

Updates

Corrected the expungement procedure section: Missouri requires a hearing only when the prosecutor files a written objection, not in every case, and it sets no 30-day deadline for agencies to close expunged records, which they must close upon receipt of the court order.

Added a new section describing Missouri's 2026 automatic expungement law (S.B. 1421), which expunges certain drug possession and paraphernalia convictions without a petition starting no later than January 1, 2027, and corrected the article's description of the court's expungement-hearing standard: two of the six criteria create a rebuttable presumption the prosecutor must rebut, rather than something the petitioner must prove.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the misdemeanor/ordinance-violation lifetime cap to note it applies only to offenses with an authorized term of imprisonment, and corrected the description of the court's expungement-eligibility hearing (the statute requires the court to find all six criteria met, not a pleading-triggered presumption that shifts the burden to the prosecutor).

Corrected the hearing description to track RSMo 610.140's actual procedure, removing an unsupported statement about a presumption in the petitioner's favor.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Mo. Rev. Stat. § 610.140 — Expungement of certain criminal records(revisor.mo.gov)
  2. Mo. Rev. Stat. § 610.130 — Alcohol-related driving offenses, expunged from records, when(revisor.mo.gov)
  3. Mo. Rev. Stat. § 610.122 — Arrest record expungement(revisor.mo.gov)
  4. Mo. Rev. Stat. § 577.001 — Intoxication-related traffic offense definitions(revisor.mo.gov)
  5. Missouri Courts — courts.mo.gov(courts.mo.gov)
  6. Missouri Senate Bill Tracking -- CCS/SS/SB 1421 (2026), signed by the Governor July 9, 2026, creating automatic expungement under §§ 610.141, 610.143, 610.144(senate.mo.gov).gov
  7. Mo. Rev. Stat. § 610.120 - Records to be confidential, exceptions, procedure for closing records(revisor.mo.gov)
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