Platte City, MO Expungement Lawyer
Professional Expungement Attorneys Serving Platte City, MO
The procedure of expungement can be a complex and intricate legal path. It requires meticulous filing of a petition and ensuring all relevant parties are correctly served and notified. It’s crucial to understand that in most expungement petitions, several parties must be included, informed, and served with the expungement petition. Our Platte City expungement lawyer is ready and equipped to guide you through every phase of this process.
As dedicated advocates, our unwavering commitment to protecting your rights and interests stands firm. We fully appreciate the substantial effect your circumstance has on your life and your family’s. Rest assured, we leave no stone unturned in our endeavor to provide you with the most thorough and effective service possible, ensuring that your case gets the attention it deserves until its final resolution.
What Is Expungement?
Expungement is a legal process in which a court hides an individual’s criminal past, rendering it inaccessible to public view. A court order is needed to reveal an expunged record. According to §610.140 RSMo, except in certain specific circumstances, those with expunged offenses are not obligated to disclose them.
Typically, numerous crimes are not eligible for expungement. These encompass class A felonies, offenses requiring sex offender registration, felony crimes resulting in death, felony assault offenses, misdemeanor or felony offenses involving domestic assault, and felony convictions for kidnapping. There are also other offenses outside these categories that cannot be expunged. The list of non-expungeable crimes is outlined in §610.140.2 RSMo and our Platte City expungement lawyers can help you navigate that list.
Before filing an expungement application, individuals must meet certain criteria as per Missouri Law. These include paying all fines, completing probation or parole, and maintaining a clean record for three years to qualify for felony offense expungement. For misdemeanor offenses, municipal offenses, or infractions, a one-year waiting period is required. As of 2021, these waiting periods were shortened following the passage of SB 53 and 60. Previously, individuals had to maintain a clean record for seven years for felony offense expungement or endure a three-year waiting period for misdemeanor offense expungement.
To initiate the expungement procedure, an individual needs to file a petition in the court of the county where they were charged or convicted of the offenses, as stipulated in §610.140 RSMo. An expungement petition that can be downloaded is available, with a fee of $250. The judge has the authority to waive this fee for petitioners who are impoverished and unable to bear the cost. The petitioner must name all entities believed to possess records related to the offenses, violations, and infractions mentioned in the petition as defendants.
Once served, the court, in accordance with §610.140 RSMo, may examine evidence and listen to testimonies regarding each specified offense, violation, or infraction. A list of admissible 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 required to hold a hearing within 60 days of the objection or 30 days of serving defendants if no objections are made.
If the court grants an expungement, the petitioner can assert that they have not been convicted of the expunged crime. However, when completing certain applications specified in §610.140.9 RSMo, the “individual granted an expungement must disclose any expunged offense” as obligatory information.
Explaining The Expungement Process
The duration of the expungement process varies for each individual and is influenced by several factors. Generally, it could take anywhere from two to six months to complete the entire process. After filing the expungement petition, Missouri Law requires a minimum of 30 days to allow all relevant parties to respond.
A crucial factor that affects the timeline is the age of the case. Securing the necessary court documents to start the expungement process can be a lengthy task, especially for older cases. In some jurisdictions, it may take several months to obtain the required criminal records. Once the relevant records are procured, the petitioner can proceed with filing the expungement petition.
While the expungement process may require time and patience, it is a critical step to ensure a thorough review of the case and adherence to legal procedures. By comprehending the potential delays associated with gathering court records, individuals can better prepare themselves for the timing of their expungement journey.
Contact Our Platte City Expungement Attorneys Today
You don’t have to traverse the expungement procedure alone. Our dedicated Platte City expungement lawyers are prepared to champion for you and the justice you deserve. Contact us today to talk with a member of our team and obtain the representation you need.
To fully comprehend the unique circumstances and intricate details of your case, we offer a complimentary phone consultation. This allows us an opportunity to acquire a comprehensive understanding of your case’s present status and identify the crucial steps towards victory. Armed with this knowledge, we can formulate a custom legal representation strategy specifically tailored to cater to your distinctive needs and situation. By taking advantage of this initial consultation, you stand to gain from a personalized approach that boosts your chances of attaining a favorable outcome.