CAN YOU EXPUNGE A DUI/DWI RECORD IN MISSOURI?

A DUI (Driving Under the Influence) conviction in Missouri is more than just a legal headache, it can follow you for years, affecting your reputation, job prospects, car insurance, and even your ability to rent a home. Fortunately, recent changes in Missouri law have expanded the ability to expunge certain criminal records, including some DUI offenses.
But not every DUI is eligible, and the process isn’t automatic. If you’re wondering whether you can erase a DUI conviction from your record in Kansas City, call KC Defense Counsel immediately and talk to one of our experienced Kansas City criminal defense attorneys who can make all the difference.
WHAT IS EXPUNGEMENT IN MISSOURI?
Expungement is the legal process of sealing or erasing a criminal conviction from your public record. Once an offense is expunged, it generally does not appear on background checks, and you are legally allowed to answer “no” when asked if you’ve ever been convicted of a crime—with some exceptions, such as when applying for certain government jobs or licenses.
Expungement gives individuals a second chance by removing the stigma of a criminal conviction, especially for mistakes made years earlier.
ARE DUIs AND DWIs ELIGIBLE FOR EXPUNGEMENT IN MISSOURI?
Yes, but only under specific conditions. Missouri law allows for the expungement of a first-time DUI/DWI offense—but only if several strict requirements are met.
Here’s what qualifies:
Eligibility Requirements:
1. It must be your first and only alcohol-related driving offense.
- If you have more than one DUI/DWI conviction or a prior alcohol-related driving offense on your record, you are likely ineligible.
2. At least 10 years must have passed since the conviction.
- This waiting period begins after you completed all sentencing requirements, including probation or jail time.
3. You must not have received any other alcohol-related convictions in that 10-year period.
- Clean driving and criminal records during this time are crucial.
4. You must not currently hold a commercial driver’s license (CDL).
- Missouri law does not allow DUI expungement for CDL holders.
5. The offense must not have involved a fatality or physical injury to another person.
- If all of these conditions are met, you may be able to file a petition for expungement in the circuit court where your original conviction occurred.
HOW TO EXPUNGE A DUI/DWI IN MISSOURI
The expungement process involves several legal steps:
Step 1: File a Petition
You must file a formal petition for expungement in the same court where your original conviction was entered. This includes:
- Your name and identifying information
- A list of the charges and the case number
- The law under which the offense was charged
- The reason why expungement should be granted
Step 2: Notify the Prosecutor and Law Enforcement
After filing, you must serve copies of your petition on:
- The prosecuting attorney in the original case
- The Missouri Department of Revenue
- Any law enforcement agencies involved in your arrest
Step 3: Attend a Hearing
The court will schedule a hearing where you and your attorney will present evidence that:
- You meet the eligibility requirements
- Expungement is consistent with the public interest
- You have remained law-abiding since the offense
The prosecutor may contest your petition, which is why having an experienced Kansas City DUI attorney near me is so important.
Step 4: Court Decision
If the court grants your expungement, the DUI conviction will be removed from your public criminal record. However, expunged records are still visible to certain government agencies in limited situations.
WHY DO YOU NEED AN EXPERIENCED MISSOURI DUI/DWI ATTORNEY?
While it is possible to file a petition on your own, the expungement process is legalistically complex. A single error in filing or eligibility interpretation can delay or even derail your petition.
An experienced Kansas City criminal defense lawyer can:
- Analyze your eligibility and review your criminal history
- Draft and file your petition correctly and on time
- Serve all required parties and handle court correspondence
- Represent you at the expungement hearing and advocate on your behalf
- Help clean up your record and move forward with confidence
WHAT HAPPENS AFTER A DUI IS EXPUNGED?
Once your DUI is expunged:
- It will no longer appear in most background checks
- You can lawfully deny the conviction in most applications
- Employers, landlords, and schools won’t see it
- You regain your reputation and increase your opportunities
However, Missouri law still allows some government and licensing entities to access expunged records, especially for positions involving public safety or vulnerable populations.
WHAT IF MY DUI DOESN’T QUALIFY?
If you don’t meet the strict requirements for expungement, don’t give up. You may still be able to:
- Challenge old charges through post-conviction relief
- Reopen a case under limited circumstances
- Seek limited record sealing or point removal related to your license
Each case is different. That’s why it’s essential to consult with a criminal defense lawyer who understands Missouri’s DUI laws inside and out.
TALK TO AN EXPERIENCED MISSOURI DUI/DWI LAWYER TODAY
If you or someone you love has a DUI conviction on their Missouri record, time and legal knowledge are both critical. Don’t try to navigate this complicated process alone.
Our experienced and affordable Kansas City criminal defense attorneys are here to help you evaluate your options, fight for your second chance, and clear your name.
Call us today for a free, confidential case evaluation.
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