Alcohol-related driving offenses, expunged from records, when
If someone got their first drunk driving or drunk boating charge (a misdemeanor or local violation, not involving a commercial truck or big vehicle), they can ask a court to erase that record after 10 years — but only if they have had no other drunk driving or boating offenses since then. If the court agrees, it wipes the record clean, as if it never happened. That person does not have to mention it on future applications or questions, and this can only happen once in a person's lifetime.
610.130. Alcohol-related driving s, from s, when — procedures, effect — limitations. — 1. After a period of not less than ten years, an individual who has guilty or has been for a first or which is a or a county or city and which is not a for driving a while under the influence of alcohol and who since such date has not been convicted of any intoxication-related traffic offense or intoxication-related boating offense may apply to the court in which he or she pled guilty or was sentenced for an to from all all recordations of his or her , , trial or conviction.
2. If the court , after , that such person has not been convicted of any subsequent intoxication-related traffic offense or intoxication-related boating offense, has no other subsequent as defined in section 302.525, and has no other intoxication-related traffic offense or intoxication-related boating offenses or alcohol-related pending at the time of the hearing on the , the court shall enter an order of .
3. Upon granting of the order of expungement, the records and files maintained in any or court in an of the under this section shall be confidential and only available to the parties or by order of the court for . The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. 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 and no such inquiry shall be made for relating to an expungement under this section. A person shall only be entitled to one expungement this section. Nothing contained in this section shall prevent the from maintaining such records as to ensure that an individual receives only one expungement pursuant to this section for the purpose of informing the proper authorities of the contents of any record maintained pursuant to this section.
4. The of this section shall not apply to any individual who has been issued a or is required to possess a commercial driver's license issued by this state or any other state.
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Source & history notes
(L. 1989 1st Ex. Sess. H.B. 3 § 2, A.L. 2004 S.B. 1233, et al., A.L. 2005 S.B. 422, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491) Transferred 2014; formerly 577.054; Effective 1-01-17 (2009) Section authorizes courts to expunge all records of a driver's administrative alcohol suspension and to make those records confidential. S.S. v. Mitchell, 289 S.W.3d 797 (Mo.App. E.D.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.