An expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or federal repositories. If successful, the records are said to be "expunged".
DWI Expungement: There are five requirements to receiving a one-time expungement of a DWI / BAC conviction from a Missouri driver's driving record: the driver must apply to the Court in which he or she was convicted of the offense; the driver must apply at least 10 years after the date of conviction; the driver must not have had any other alcohol-related law enforcements contacts after the date of the conviction, or any pending at the time of the expungement request; a driver may only obtain expungement relief once; and, the Missouri Director of Revenue must be named as a necessary party in an expungement action (even if filed in a Municipal Court).
The Missouri Director of Revenue may maintain such records as are necessary to ensure that a person only obtains only one expungement. In other words, just because you have expunged the criminal conviction from a Missouri DWI / BAC charge, it does not mean that it will ever be expunged from the driving record at the Missouri Director of Revenue.
MIP Expungement: After a period of not less than one year after reaching the age of twenty-one a person who has pleaded guilty to or has been found guilty of being a Minor In Possession for the first time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the court in which he or she was sentenced for an order to expunge all official records of his or her arrest, plea, trial and conviction. If the court determines, upon review, that such person has not been convicted of any other alcohol-related offenses at the time of the application for expungement, and the person has had no other alcohol-related enforcement contacts, 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 provision of any law to be guilty of perjury 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 for MIP.
To see if you meet these special provisions, contact us today at (573) 355-9270 to schedule your free consultation and case review.
