Clearing Your Record: How to Expunge Arrest Records That Didn’t Lead to Conviction in Missouri
Being arrested but not convicted can still leave a lasting mark on your record, affecting everything from job applications to housing opportunities. Many Missourians don’t realize they have legal options to clear these records. At Deputy & Mizell, we help clients navigate Missouri’s expungement process to give them a fresh start.
What the Law Says
Missouri law provides several pathways for expunging arrest records that didn’t result in a conviction. Under Missouri Revised Statutes Section 610.140, you may be eligible for expungement if:
- Charges were dismissed – Whether due to lack of evidence, prosecutorial discretion, or successful completion of a diversion program
- You were acquitted at trial – Found not guilty by a judge or jury
- No charges were filed – You were arrested, but the prosecutor declined to file charges
- Charges were nolle prossed – The prosecutor formally abandoned the case
For non-conviction records, the process is generally more straightforward than for conviction-based expungements, but specific requirements still apply depending on the type of offense and jurisdiction.
What Happens in Practice
Common Client Questions:
- “Will this really disappear from background checks?” – Yes, once expunged, most employers and landlords won’t see the record
- “How long does the process take?” – Typically 2-4 months from filing to completion
- “Can I do this myself?” – While possible, legal representation significantly improves success rates
Misconceptions We Correct: Many clients believe their records automatically disappear after dismissal or acquittal. This isn’t true – you must actively petition the court. Others think any arrest disqualifies them from expungement, but non-conviction cases have much broader eligibility.
What Judges Focus On: Missouri judges typically examine whether proper procedures were followed, if waiting periods are met, and whether expungement serves the interests of justice. They’re generally favorable toward non-conviction expungements since no crime was ultimately proven.
Real Case Examples:
- A nurse in Camden County had domestic violence charges dismissed after completing anger management. We helped expunge the record, allowing her to maintain her professional license.
- A college student in Laclede County was arrested for drug possession, but charges were dropped due to an illegal search. Expungement cleared his record before graduate school applications.
- A small business owner faced theft charges that were later dismissed when the real perpetrator was caught. Expungement protected his professional reputation and business relationships.
Key Deadlines and Timing
Immediate Eligibility: Some non-conviction records can be expunged immediately after case closure, particularly when charges are dismissed or you’re acquitted.
Common Waiting Periods:
- Dismissed charges: Often eligible immediately, but some jurisdictions prefer waiting 30-60 days.
- Acquittals: Typically eligible immediately after final judgment.
- No charges filed: Usually eligible after the statute of limitations expires or the prosecutor formally declines.
Filing Deadlines: Missouri doesn’t impose strict deadlines for filing expungement petitions, but acting promptly is advisable. Some counties have local rules about timing, and evidence supporting your petition may become harder to obtain over time.
Court Processing Time: Once filed, courts typically take 30-90 days to process expungement petitions, depending on the county’s caseload and whether any objections are raised.
Your Legal Options
DIY Approach: You can file expungement petitions yourself, but this requires navigating complex paperwork, court procedures, and potential objections from prosecutors or law enforcement.
Legal Representation Benefits:
- Higher Success Rates: Our firm has achieved expungement in over 90% of eligible non-conviction cases
- Faster Processing: We know local court procedures and have established relationships with clerks and judges
- Comprehensive Record Review: We identify all arrests and charges that might be eligible for expungement
- Objection Handling: When prosecutors or agencies object, we’re prepared to argue your case effectively
Cost Considerations: While legal fees are an investment, the long-term benefits of a clean record – better job prospects, housing opportunities, and peace of mind – typically far outweigh the costs.
Multi-County Issues: If you have records in multiple Missouri counties, we can coordinate simultaneous filings to clear your entire record efficiently.
Frequently Asked Questions
Q: Will expungement remove my record from FBI databases?
A: Yes, Missouri expungements typically require removal from state and federal databases, though the process can take several months to complete fully.
Q: Can employers still see my record after expungement?
A: Most private employers cannot access expunged records. However, certain government positions and professional licenses may still require disclosure.
Q: What if I have both convictions and non-convictions on my record?
A: We can often expunge the non-conviction records immediately while working on conviction-based expungements that may require waiting periods.
Q: Does expungement affect my right to own firearms?
A: For non-conviction records, expungement typically doesn’t affect gun rights since no conviction occurred. However, specific circumstances vary.
Q: What happens if someone objects to my expungement?
A: Law enforcement or prosecutors can object, but objections to non-conviction expungements are rare and usually unsuccessful when proper procedures are followed.
Q: Can I expunge records from other states?
A: Each state has different laws. We focus on Missouri expungements, but we can refer you to qualified attorneys in other jurisdictions.
Take Action to Clear Your Record
Non-conviction arrests shouldn’t define your future. Missouri law provides clear pathways to expunge these records, but the process requires attention to detail and knowledge of local procedures.
Your Next Steps:
- Gather Your Records – Collect all documentation related to your arrest and case disposition
- Schedule a Consultation – We offer free case evaluations to determine your eligibility
- Act Promptly – While there’s no strict deadline, starting the process sooner protects your opportunities
At Deputy & Mizell, we’ve helped hundreds of clients across central Missouri clear their records and move forward with confidence. Our offices in Camdenton and Lebanon are ready to help you navigate the expungement process and reclaim your future.
Don’t let an arrest that didn’t lead to a conviction continue affecting your life. Contact Deputy & Mizell today to learn how we can help you clear your record and open new doors to opportunity.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
Representing Clients Across the Lake of the Ozarks Region
Lebanon: 417-532-2191
Camdenton: 573-346-9990
