Criminal Defense Attorney Rico Robinson Discusses Expungements.
As a member of a disenfranchised community, I understand that sometimes good people get in trouble with the law. Rico Robinson
Unfortunately, although the criminal justice system is supposed to be rehabilitative, it just simply isn’t. It instead is punitive by nature. Once you get in trouble with the law, it is difficult to remove that stain from your life.
My goal with this blog is to help those who have fallen victim to this system remove that stain so they can enjoy the liberties that are guaranteed to them.
The Process Of Sealing
Expungement is the process of “sealing” the legal record of an arrest or a criminal conviction.
In other words, in the eyes of the law, your previous conviction or arrest is erased. This process is extremely important, considering all of the ramifications that come along with a criminal conviction. Two of the most common scenarios where this issue comes to the forefront involve the process of applying for a job or an apartment.
Many employers and apartment complexes do a comprehensive background check that includes your criminal record. Having a criminal record can hinder you for years and can have a damaging effect on your livelihood. Once that stamp is on your record, it creates a “revolving door effect”.
Revolving Door Effect
What I call the “revolving door effect” simply means that if a person is unable to get a decent job or a place to stay because of a criminal record, it is inevitable that the person will be forced to consider other options that may lead to more trouble, hence creating a revolving door into the system.
In Kansas, the statute that governs the requirements of expungements is KSA 22-2410.
It lays out the requirements for petitioning the court for an expungement.
What To Look Out For
The key factor to look out for is the type of crime you were charged with. Usually, you can expunge your record 3 years after the satisfaction of the sentence. However, if you were charged with a high-level felony, then you would have to wait 5 years after serving your sentence.
In Missouri, the statute that governs the requirements of expungements is 610.140.
In 2018, Missouri’s expungement law expanded the list of crimes eligible for expungement.
However, there are still a large number of crimes that cannot be expunged. Some of the crimes that are not eligible for expungement include:
- Crimes that result in a death
- Crimes that require registration as a sex offender
- Class A felonies
A Comprehensive List of Crimes
For a comprehensive list of what crimes are eligible for expungement, look up Missouri’s statute 610.140.
Much like in Kansas, there is a waiting period before a person can petition for expungement. If you were charged with a misdemeanor, you must wait 3 years before petitioning. If you were charged with a felony, you must wait 7 years.