The state of Kansas has a very detailed and comprehensive statutory scheme for the expungement of various types of criminal issues (arrests, diversions, convictions). This is a great benefit to people with criminal records in Kansas. At some point, people appreciate being able to move on and put things behind them.
Missouri, on the other hand, has a rather limited expungement regime. Certain offenses can be expunged, along with certain types of arrest records. One of the types of offenses that can be expunged in Missouri is a DWI, and there is a specific statute that governs the requirements for eligibility.
The requirements for expungement of a DWI case are laid out in Missouri Revised Statutes 577.054. According to the statute, to be eligible for an expungement, the charge (1) must have been the driver’s first alcohol-related driving offense; (2) the DWI must be a misdemeanor, rather than a felony; (3) the charge must be at least 10 years old; (4) there should not be any subsequent alcohol-related driving charges at the time of the expungement request. Laws change from time to time, so be certain to consult with an attorney to verify the most current eligibility requirements.
If the court grants the expungement, the petitioner can truthfully say that he or she has never faced an alcohol-related criminal charge. The record is wiped clean, and the person is restored to the situation that existed before the charge ever took place. There are some other types of offenses and arrest records that a person can seek to have expunged in Missouri.
The rules can be complicated, and so it is important to consult with an attorney to get all the details and requirements. Often, people will rely on flawed information that they may have heard second-hand, which may or may not turn out to be true. In situations where expungement is not available, a request for a pardon or executive clemency may be a possibility.
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