An expungement seals a criminal record so the public can no longer see it. In Missouri you ask the court that handled your case. Most people wait 3 years after finishing a felony, or 1 year after a misdemeanor, before they can file. Kansas runs its own version, on its own clock.
As a member of a disenfranchised community, I understand that sometimes good people get in trouble with the law.
Start with the offense. Eligibility is decided there and nowhere else. Do not assume nothing can be done until you have checked the offense and the waiting period.
What sealing a record does
Sealing is not deleting. The record still exists somewhere. What changes is who gets to see it.
Once it is sealed, in most cases you can lawfully say the arrest or conviction did not happen. That is the whole point. Two moments bring it home: applying for a job, and applying for a place to live.
Certain agencies keep access. Law enforcement can still see it. Some licensing bodies can. A court handling any later charge will know it is there.
Expungement in Missouri: the rule, the wait and the limit
Missouri expungement runs under Section 610.140 of the Missouri Revised Statutes. You file a petition, which is the formal written request, in the court that heard the case. You must name every agency holding the record.
The wait. As a rule it is 3 years on a felony and 1 year on a misdemeanor. Both are counted from the day you finish it all. That means the sentence, probation, parole and any money owed. The clock will not start while you still owe restitution, the money paid back to a victim. A new guilty finding on any other charge during that wait can cost you the petition. A traffic ticket does not count, under the same section.
The limit, and this part surprises people. Missouri caps how much you can clear in a lifetime: two felonies and three misdemeanors, under Section 610.140. Infractions have no cap. Spend the allowance on a small case and it is gone when a bigger one matters.
Expect court costs when you file, and budget for them. You also cannot have pending charges when you file. A granted expungement restores civil rights a conviction took away. That includes the right to vote, to hold public office, and to serve on a jury.
Expungement in Kansas: its own statute, its own clock
Kansas has its own process under K.S.A. 21-6614, and its clocks run from when you finished the sentence or probation. Graduates of a specialty court program, such as a drug court under K.S.A. 20-173, can petition to expunge that conviction on its own track, separate from the wait-period rules below.
Most misdemeanors, low-level felonies (severity 6 through 10 on the nondrug grid), and completed diversions wait 3 years. Class A, B or C felonies, and the most serious drug and nondrug felonies, wait 5 years. So do a few driving cases no matter the charge level. Vehicular homicide, driving on a revoked license, and insurance fraud tied to a crash all wait 5 years. A first DUI waits 5 years, a second waits 10. Kansas never expunges capital murder, first- or second-degree murder, rape, aggravated criminal sodomy, or crimes against children.
A case in Johnson or Wyandotte County follows Kansas rules. A case in Jackson, Clay, Platte or Cass County follows Missouri’s. Arrested on both sides over the years? That is two petitions, two states, two timelines.
What can never be sealed
Some records can never be sealed, whatever the wait. Check this list before anything else.
- Class A felonies
- Dangerous felonies, and felonies where a death is part of the offense
- Offenses that require sex offender registration
- Felony assault, and domestic assault at any level
- Drunk or drugged driving, which has its own route
- Traffic offenses by anyone who holds a commercial driver license
- Felony kidnapping
- Unlawful use of a weapon, with narrow exceptions for older or minor cases
Missouri defines “dangerous felony” by pointing to Section 556.061, rather than spelling it out here.
You cannot clear every record. This is not for you if your conviction sits on that list. The effort belongs somewhere else. A lawyer should tell you so in the first conversation, not the fifth.
A note on DUI and DWI records
Missouri keeps drunk and drugged driving out of its general expungement law. It has its own route under Section 610.130. That route covers a first intoxication-related boating offense too. Wait 10 years with no other such offense and no other alcohol-related license action under Section 302.525. Then you can ask the court to clear one first-time misdemeanor, if you were not driving a commercial vehicle.
Whether an old DUI or DWI can be cleared depends on three things. How it was charged. How it was sentenced. How long ago it was. This is also where the two states differ most, so ask about it directly.
If your case ended in an SIS
A suspended imposition of sentence is called an SIS. It already keeps a conviction off your public record once probation is finished.
That is not the same as an expungement, and people mix the two up constantly. An SIS leaves a closed record some agencies can still reach. If your SIS is still on probation, you cannot petition yet. Wait until probation ends and the case is formally closed. Whether you also need an expungement depends on who is looking, and why.
How the process runs, in order
- Confirm the offense is eligible. The rest depends on this.
- Confirm the waiting period has run, counted from completion, not from the arrest.
- Identify every agency holding the record, because each must be named.
- File the petition in the court that heard the case.
- The prosecutor gets the chance to object.
- A hearing is set, and a judge decides.
How long does it take? Expect months rather than weeks once filed, and longer if the prosecutor objects. How much does it cost? Court costs, plus legal fees.
One limit worth knowing before you start. A background check company that already sold your record cannot be ordered to forget it by this petition. The court order reaches the agencies named in it. What a private database did with the data before that is a separate problem. It is better to know that before filing.
Common questions
What does it do to my record?
It seals the record so the public cannot see it. In most situations you can then lawfully say the arrest or conviction did not happen. That is what matters on a job or rental form. Law enforcement and some licensing bodies keep access.
How long do I wait for an expungement in Missouri?
As a general rule, 3 years after finishing it all on a felony and 1 year on a misdemeanor. Finishing it all includes probation, parole and any money owed. The clock does not start while restitution is outstanding.
How many records can I clear?
Missouri caps it over your lifetime at two felonies and three misdemeanors. So decide which record is costing you the most. Do not spend the allowance on a minor one.
What can never be sealed?
Class A felonies. Dangerous felonies, and felonies where a death is part of the offense. Offenses that require sex offender registration. Felony assault, and domestic assault at any level. Drunk or drugged driving, under the general law. Traffic offenses by commercial driver license holders.
Can a DUI or DWI be cleared?
Sometimes. In Missouri, one first-time misdemeanor can be cleared after 10 years with no other such offense, under Section 610.130. Kansas makes you wait 5 years after a first DUI and 10 after a second, under K.S.A. 21-6614.
Is an SIS the same thing?
No. Once probation is done, an SIS leaves no public conviction. But it leaves a closed record some agencies can still reach. An expungement is a separate court process, with its own rules and its own waiting periods.
Is it different in Kansas?
Yes. Kansas uses its own statute, K.S.A. 21-6614. Most cases wait 3 years, and serious felonies wait 5. A Johnson or Wyandotte County case follows Kansas rules; Jackson, Clay, Platte or Cass County follows Missouri’s.
Finding out where you stand
Bring the case number if you have it. If not, the court and a rough date will do. Whether you qualify is usually clear in one conversation, once someone can see what the offense was.
Everything above describes how these rules generally work. The facts change the answer, so nothing here is legal advice about your case and no outcome is promised. Talk to a lawyer about your own record before you decide anything.
Since 2020 this firm has handled cases in Missouri and in Kansas. I head its criminal defense in Kansas City. Rico Robinson’s profile on this site has the details. We are a BBB Accredited Business, A+ rated, accredited since August 2021.
There is no charge to find out. Ask us whether your record qualifies, or call 816-605-1734. An attorney reads your details and replies within 24 hours.
