Expungement of record permitted, when
Someone who broke Missouri's minor-in-possession-of-alcohol law for the first time can ask the court to erase that record. To do this, they must be at least 21, wait at least one year after turning 21, and have no other alcohol-related offenses or violations since then. If the court approves, it is as if the arrest and conviction never happened, and the person does not have to mention it when asked. This can only happen once, and it does not apply to commercial truck or bus drivers.
311.326. of permitted, when. — After a period of not less than one year after reaching the age of twenty-one a person who has guilty to or has been of violating section 311.325 for the first time, and who since such has not been of any other alcohol-related , may apply to the court in which he or she was sentenced for an to all of his or her , , trial and conviction. No records shall be if the person who has pleaded* guilty to or has been found guilty of violating section 311.325 is licensed as a driver or was operating a commercial motor vehicle as defined in section 302.700 at the time of the violation. If the court , upon , that such person has not been convicted of any other alcohol-related offense at the time of the for expungement, and the person has had no other , as defined in section 302.525, the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any of any law to be guilty of or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever. A person shall be entitled to only one expungement this section. Nothing contained in this section shall prevent courts or other state officials from maintaining such records as are necessary to ensure that an individual receives only one expungement pursuant to this section.
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Source & history notes
(L. 2005 S.B. 402, A.L. 2009 H.B. 62 merged with H.B. 683, A.L. 2009 H.B. 62 merged with H.B. 683) *Word "plead" appears in original rolls.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.