Arrest record expunged, requirements
A person can ask a court to erase an arrest record in two situations. First, if the arrest was based on false information, there is no reason to believe the person did anything wrong, no charges were filed, and the person never got a suspended sentence for it. Second, if the arrest was for a minor traffic or road law violation, the case was dropped or the person was found not guilty, and the person was not driving a commercial vehicle or holding a commercial driver's license. In either case, there must be no active lawsuit connected to that arrest before the record can be erased.
610.122. , requirements. — 1. other of law to the contrary, any record of arrest section 43.503 may be expunged if:
(1) The court that the arrest was based on false and the following conditions exist:
(a) There is no , at the time of the to , to believe the individual committed the ;
(b) No charges will be pursued as a result of the arrest; and
(c) The subject of the arrest did not receive a for the offense for which the arrest was made or for any offense related to the arrest; or
(2) The court determines the person was arrested for, or was subsequently charged with, a offense of chapter 303 or any as the term moving violation is defined under section 302.010, except for any as intoxication-related traffic offense is defined under section 577.023 and:
(a) Each such offense or violation related to the arrest was subsequently or dismissed, or the accused was found not guilty of each offense or violation; and
(b) The person is not a and was not operating a at the time of the arrest.
2. A record of arrest shall only be eligible for under this section if no is pending relating to the arrest or the records sought to be expunged.
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Source & history notes
(L. 1993 H.B. 170 § 1 merged with H.B. 562 § 11, A.L. 1995 H.B. 135, A.L. 2014 H.B. 1665 & 1335, A.L. 2021 S.B. 53 & 60) (2005) Statutory expungement of criminal records is civil in nature and is constitutional under legislative procedural requirements and provisions of ex post facto, equal protection, due process, and separation of powers. In re Dyer, 163 S.W.3d 915 (Mo.banc).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.