Aramjoo Law Firm LLC helps individuals in the Liberty, Kansas City and surrounding areas with expungements.
What is an expungement?
An expungement is a way to rid or seal a past arrest, plea, trial, or conviction.
Someone may want to have a past criminal activity expunged for a number of reasons including but not limited to regaining the ability to conceal and carry or to prevent information from being found on a background check. While an expungement can be a great legal tool to “erase” a past incident, they are very limited. Pursuant to Missouri Revised Statute Section 610.140, the following offenses may be expunged:
Any felony or misdemeanor offense of passing a bad check (§570.120, RSMo)
- Any felony or misdemeanor offense of fraudulently stopping payment of an instrument (§570.125, RSMo)
- Any felony or misdemeanor offense of fraudulent use of a credit device or debit device (§570.130, RSMo)
- Any misdemeanor offense of negligent burning or exploding (§569.065, RSMo)
- Any misdemeanor offense of negligently setting fire to crops or grassland (§569.067, RSMo)
- Any misdemeanor offense of tampering in the 2nd degree (§569.090, RSMo)
- Any misdemeanor offense of property damage in the 2nd degree (§569.120.1(1), RSMo only)
- Any misdemeanor offense of trespass in the 1st degree (§569.140, RSMo)
- Any misdemeanor offense of trespass on marked property in the 1st degree (§569.145, RSMo)
- Any misdemeanor offense of gambling (§572.020, RSMo)
- Any misdemeanor offense of private peace disturbance (§574.020, RSMo)
- Any misdemeanor offense of drunkenness or drinking in certain prohibited places (§574.075, RSMo)
- Any class B or C misdemeanor offense of peace disturbance (§574.010, RSMo)
In order for an expungement to be granted, the necessary time period must have passed as well. The time period will be measured from either any sentence of imprisonment or any period of probation or parole.
If the offense to be expunged was a felony, at least twenty years must have passed. If the offense was a misdemeanor, municipal offense, or infraction, ten years must have passed since the offense.
Additionally, for the expungement to be granted:
- The applicant must not have been found guilty of a misdemeanor or felony, not including violations of the traffic regulations provided under chapters 304 and 307, RSMo during the time period specified for the underlying offense;
- The applicant has paid any amount of restitution ordered by the court;
- The circumstances and behavior of the petitioner warrant the expungement;
- The expungement is consistent with public welfare.
In order for an expungement to be filed, a form must be filled out and a filing fee must be paid. An attorney can be helpful in filing for an expungemnt because if it is not done properly, the court will dismiss the petition and the applicant will not be able to file again for a year.
Paemon Aramjoo, criminal defense attorney at Aramjoo Law Firm, handles all expungement related matters.