According to Expertise.com, Missouri and Kansas ranked in the top seven of the most dangerous states in terms of crime rate per capita.
Being charged with or convicted of a criminal offense can have a dramatic impact on your life. The good news is that some people may be eligible to expunge or seal arrest and conviction records.
However, expunging your criminal records can be a daunting task, not to mention that not all crimes are eligible for expungement. Consider speaking with a criminal defense lawyer in Kansas City, Missouri, to review your particular situation and determine whether your expungement request will be successful.
As someone who worked as a prosecutor for more than 10 years and is currently an attorney with decades of experience under my belt, I can help you understand your options if you want to seek expungement in Missouri or Kansas. Contact The Alsobrook Law Firm for a case evaluation.
Expungement refers to the process by which a person’s arrest and conviction records are removed or sealed from state or federal records. If an individual’s expungement request is successful, most persons and agencies outside the court system must treat the expunged records as if they never occurred.
In Missouri, you are eligible for expungement if your arrest was based on false information and any of the following is true:
There is a lack of probable cause to believe that you committed the criminal offense;
No charges were filed after the arrest;
You had no misdemeanor or felony convictions before or after the arrest;
You did not get a suspended imposition of sentence; and
There is no pending civil action related to the records you are seeking to expunge.
After the enactment of the 2018 Missouri Expungement Law, individuals are required to wait three years to expunge arrest records and misdemeanor convictions or seven years to expunge records related to a felony conviction. However, not all criminal offenses are eligible for expungement in Missouri.
In Kansas, you can request to have your arrest records expunged if you were arrested but never convicted of a crime. Your request is likely to succeed if the following is true:
The arrest was based on false information or you were arrested in a case of mistaken identity;
There was no probable cause to arrest you;
You were found not guilty; or
No charges were filed or the charges were dismissed.
You can seek expungement of a criminal conviction as long as:
The conviction is not one of the convictions that are not eligible for expungement in Kansas; and
The required amount of time has passed after the completion of the sentence.
In both Missouri and Kansas, specific criminal offenses cannot be expunged. In Missouri, those offenses include:
Offenses requiring a sex offender registration
Class A violent felonies
Driving while intoxicated (DWI)
In addition to these, offenses listed in Missouri Revised Statutes (M.R.S.) § 610.140 are not eligible for expungement. In Missouri, an individual cannot expunge more than two misdemeanor records and one felony record during their lifetime.
In Kansas, criminal convictions that do not qualify for expungement include but are not limited to:
Murder in the first/second degree
Indecent liberties with or solicitation of a child
Endangering or abuse of a child
Consult with a criminal defense attorney to review your unique situation and determine whether your criminal conviction or arrest qualifies for expungement in Missouri or Kansas.
Expungement offers several benefits:
It keeps records related to your arrest out of the public record.
You can lawfully say that you have no criminal convictions or arrests on your record if the convictions/arrests have been expunged.
Expungement protects your privacy.
You could be eligible to apply for jobs, loans, and other opportunities because your criminal history is not a public record anymore.
As an expungement attorney in Kansas City, Missouri, I have the necessary knowledge, expertise, and resources to protect your rights and help you clean up your record. Call The Alsobrook Law Firm to schedule a case review. I will examine your criminal records to determine whether your request for expungement would be successful in the state of Missouri or Kansas.