St. Joseph Expungement Lawyer
Compassionate Expungement Attorneys Serving St. Joseph, MO
Navigating the expungement process can be a complex and intricate legal procedure. It involves the meticulous filing of a petition and ensuring that all relevant parties are duly served and notified. It is crucial to understand that in the majority of expungement petitions, multiple parties must be listed, notified, and served with the expungement petition. Our St. Joseph expungement lawyer is prepared and ready to help you navigate this process every step of the way.
As dedicated representatives, we are steadfast in our commitment to advocating for your rights and interests. We deeply recognize the profound impact that your situation has on both your life and that of your family. Rest assured, we leave no stone unturned in our efforts to provide you with the most thorough and effective service available, ensuring that your case receives the attention it deserves until its final resolution.
What Is Expungement?
Expungement is a legal process by which a court seals a person’s criminal record, making it inaccessible to the public. To reopen an expunged record, a court order is required. Except in specific instances outlined in §610.140 RSMo, individuals who have had their crimes expunged are not obligated to disclose those crimes.
In general, certain crimes are ineligible for expungement, including class A felonies, offenses requiring sex offender registration, felony offenses resulting in death, felony assault offenses, misdemeanor or felony offenses for domestic assault, and felony convictions for kidnapping. There are additional crimes falling outside these categories that cannot be expunged. The list of non-expugnable crimes is outlined in §610.140.2 RSMo.
Before filing for an expungement, individuals must satisfy certain requirements under Missouri Law. These include paying off fines, completing probation or parole, and having a clean record for three years to be eligible for felony offense expungement. For misdemeanor offenses, municipal offenses, or infractions, a one-year waiting period is necessary. On August 28, 2021, these waiting periods were shortened following the passage of SB 53 and 60. Previously, individuals had to maintain a seven-year clean record for felony offense expungement or a three-year waiting period for misdemeanor offense expungement. Our St. Joseph expungement lawyer will be there to assist you every step of the way.
The Expungement Process
To initiate the expungement process, an individual must file a petition in the court of the county where they were charged or found guilty of the offenses, as stated in §610.140 RSMo. A downloadable expungement petition is available, accompanied by a $250 charge. The judge may waive the surcharge for indigent petitioners unable to afford the cost.
The petitioner must name any entities believed to possess records related to the offenses, violations, and infractions outlined in the petition as defendants. Once served, the court, as per §610.140 RSMo, may consider evidence and testimony concerning each listed offense, violation, or infraction. A list of admissible evidence for an expungement court hearing is available. Defendants have 30 days after being served the petition to file objections, and a court must 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 specific applications outlined in §610.140.9 RSMo, the “person granted an expungement must disclose any expunged offense” as required information.
How Long Is The Expungement Process?
The duration of the expungement process varies for each individual and is influenced by several factors. Typically, it can range from two to six months to complete the entire process. After filing the expungement petition, Missouri Law mandates a minimum of 30 days to allow all involved parties to respond. Our St. Joseph expungement lawyers can help determine the factors surrounding your specific case.
One important factor that affects the timeline is the age of the case. Obtaining the required court records to initiate the expungement process can be time-consuming, especially for older cases. In certain jurisdictions, it may take months to obtain the necessary criminal records. Once the relevant records are obtained, the petitioner can proceed with filing the petition for expungement.
While the expungement process may require a certain amount of time and patience, it is a necessary step in ensuring the thorough review of the case and adherence to legal procedures. By acknowledging the potential delays associated with gathering court records, individuals can better prepare themselves for the timeline of their expungement journey.
Contact Our St. Joseph Expungement Attorneys Today
You don’t have to walk through the expungement process alone. Our seasoned St. Joseph expungement lawyers are prepared to fight for you and the justice you deserve. Contact us today to speak with someone on our team and get the representation you need. To fully grasp the unique circumstances and intricate details surrounding your case, we offer a complimentary phone consultation. This allows us to gain a comprehensive understanding of the current status of your matter and identify the necessary steps to achieve success. Armed with this knowledge, we can develop a customized legal representation strategy tailored specifically to address your individual needs and situation. By taking advantage of this initial consultation, you can benefit from a personalized approach that maximizes your chances of achieving a favorable outcome.