In some circumstances, you might be arrested on suspicion of a crime, but the prosecutor’s office declines to charge you, often due to a lack of evidence to support the arrest. If you are in this situation, you may be able to expunge your arrest records pursuant to Mo. Rev. Stat. § 610.122.
One way that you may qualify for expungement of your arrest records is if you meet the following requirements:
- The court determines that your arrest was based upon false information.
- There is no probable cause at the time of the expungement to believe that you committed the offense for which you were arrested.
- The prosecutor will not pursue charges as a result of the arrest.
- You did not receive a suspended imposition of sentence for the offense on which the arrest was based, or for any other offense related to the arrest.
You also may be eligible for expungement of your arrest records if you were arrested for, or were later charged with, a misdemeanor offense arising from a violation of Missouri’s Motor Vehicle Financial Responsibility law or a moving violation, except for any intoxication-related traffic offense. Under these circumstances, the offense or violation related to the arrest must have been dismissed or nolle prossed, or you were found not guilty following a trial on the offense or violation. You also must not hold a commercial driver’s license or have been operating a commercial motor vehicle at the time of your arrest.
In addition to the requirements listed above for each of these situations, you must meet the following requirements:
- You have no prior or subsequent misdemeanor or felony convictions.
- There is no civil lawsuit pending as a result of the arrest or the records that you are trying to have expunged.
Missouri DWI & & Criminal Law Center, Benjamin Law Firm, P.C., can provide legal representation to you at all stages of your criminal case, including the expungement of criminal records. We will advocate on your behalf from the very beginning of your legal matter, and we won’t stop until your case is resolved. Contact the Missouri DWI defense attorneys at Benjamin Law Firm, LLC, by calling (816) 322-8008 or by filling out the online information form located here.