Liberty, MO Expungement Lawyer
Reputable Expungement Attorneys Serving Liberty, MO
The process of expungement can be a labyrinthine and sophisticated legal journey. It necessitates careful filing of a petition and making sure all pertinent parties are properly served and informed. It’s important to know that in most expungement petitions, several parties must be listed, notified, and served with the expungement petition. Our Liberty expungement lawyer is primed and equipped to assist you through every stage of this process.
As committed advocates, we are unwavering in our dedication to defending your rights and interests. We fully understand the significant impact your situation has on your life and your family. Be assured, we spare no effort in our pursuit to offer you the most comprehensive and efficient service possible, seeing to it that your case receives the attention it warrants until its ultimate conclusion.
Explaining Expungement
Expungement is a legal procedure where a court conceals an individual’s criminal history, making it unavailable to the public eye. A court directive is necessary to unseal an expunged record. As per §610.140 RSMo, except in certain specific situations, those who have had their offenses expunged are not required to disclose those offenses.
Generally, several crimes are not eligible for expungement. These include class A felonies, crimes that necessitate sex offender registration, felony offenses leading to death, felony assault offenses, misdemeanor or felony offenses involving domestic assault, and felony convictions for kidnapping. There are also other crimes beyond these categories that are not expungeable. The roster of crimes that cannot be expunged is detailed in §610.140.2 RSMo and our Liberty expungement lawyer can assist you with the specifics of your case.
Before submitting an expungement application, individuals need to meet specific criteria as per Missouri Law. These entail settling all fines, finishing probation or parole, and maintaining a clean record for three years to qualify for felony offense expungement. For misdemeanor offenses, municipal offenses, or infractions, there is a required one-year waiting period. As of August 28, 2021, these waiting periods were reduced after the approval of SB 53 and 60. Prior to this, individuals had to uphold a clean record for seven years for felony offense expungement or endure a three-year waiting period for misdemeanor offense expungement.
The Expungement Process
To begin the expungement process, our Liberty expungement lawyers will help you file a petition in the court of the county where you were charged or convicted of the offenses, as outlined in §610.140 RSMo. An expungement petition that can be downloaded is accessible, with a fee of $250. The judge has the discretion to waive this fee for petitioners who are indigent and cannot afford the cost. The petitioner must identify all entities believed to hold records associated with the offenses, violations, and infractions mentioned in the petition as defendants.
Once served the court, following §610.140 RSMo, may review the evidence and hear testimonies regarding each specified offense, violation, or infraction. A list of acceptable evidence for an expungement court hearing is provided. Defendants are given 30 days after being served the petition to file objections, and a court is mandated to conduct a hearing within 60 days of the objection or 30 days of serving defendants if no objections are raised.
If an expungement is granted by the court, the petitioner can declare that they have not been found guilty of the expunged crime with the assistance of our attorneys. However, when filling out certain applications specified in §610.140.9 RSMo, the “individual granted an expungement must disclose any expunged offense” as mandatory information.
The length of the expungement process differs for each person and is shaped by multiple factors. Generally, it could take anywhere between two to six months to go through the entire process. Post filing the expungement petition, Missouri Law necessitates a minimum of 30 days to let all relevant parties respond.
A key factor that impacts the timeline is the case’s age. Acquiring the necessary court documents to begin the expungement process can be a lengthy task, particularly for older cases. In some jurisdictions, it may take several months to procure the needed criminal records. After the pertinent records are obtained, the petitioner can move forward with filing the expungement petition.
While the expungement process may demand time and patience, it is an essential step to ensure a comprehensive review of the case and compliance with legal procedures. By understanding the possible delays linked to collecting court records, individuals can better equip themselves for the timing of their expungement journey with the assistance of our Liberty expungement lawyer.
Contact Our Liberty Expungement Lawyers Today
You don’t need to navigate the expungement process by yourself. Our experienced Liberty expungement attorneys are ready to advocate for you and the justice you’re entitled to. Reach out to us today to converse with a member of our team and secure the representation you require.
To fully understand the distinctive circumstances and complex specifics of your case, we offer a free-of-charge phone consultation. This provides us an opportunity to gain a holistic understanding of your case’s current status and pinpoint the essential steps towards success. Equipped with this insight, we can devise a bespoke legal representation strategy specifically designed to address your unique needs and scenario. By availing this initial consultation, you stand to benefit from a tailored approach that enhances your prospects of securing a favorable result.