Felony Expungement: How to Clear Your Record After a Conviction
If you've ever been convicted of a felony in Missouri, you know how much it can affect your life. Whether it's applying for a job, finding housing, or getting approved for a loan, a felony record often acts as a barrier. But there's hope. Missouri law allows for the expungement of certain felony convictions, giving people a second chance to move forward.
At Howard L. Lotven, P.C., I’ll walk you through the felony expungement process, helping you understand who qualifies and what the process looks like. I’ll also talk about the impact expungement can have on your future and the steps you can take to improve your chances of a successful outcome.
What Is Felony Expungement?
Expungement is the legal process of sealing a criminal record. When a felony is expunged, it's removed from public view and, in most cases, doesn't have to be disclosed on job applications, housing forms, or other important documents. While some government agencies and law enforcement can still see the expunged record, it won’t appear in standard background checks.
In Missouri, the law has expanded in recent years to include more types of felonies that may be eligible for expungement. While not every conviction can be expunged, many people with non-violent felony offenses now have an opportunity to clear their records.
Why Expungement Matters
Living with a felony conviction can be a daily struggle. Even years after serving your sentence and turning your life around, that conviction may still affect your opportunities. Expungement offers a real chance to leave the past behind.
Some of the key benefits of felony expungement include:
Improved employment opportunities: Many employers conduct background checks. An expunged record won't show up in most of them.
Access to housing: Landlords are less likely to rent to someone with a felony. Clearing your record opens more doors.
Restored rights: In some cases, expungement may help restore certain civil rights.
Peace of mind: Knowing your record is no longer public can relieve stress and give you confidence.
Overall, expungement can provide a fresh start by removing barriers and offering greater freedom and opportunity in everyday life.
Who Is Eligible for Felony Expungement in Missouri?
Not every felony can be expunged, and not every person with a felony is eligible. Missouri law sets specific criteria for expungement.
Here’s what you need to meet to qualify:
Eligible offense: Your felony must be on the list of crimes that Missouri law allows for expungement. Most non-violent felonies are included, but violent crimes, sex offenses, and certain other serious crimes are excluded.
Time passed since completion: You must wait three years after completing your sentence, probation, or parole.
No new convictions: You can't have been convicted of any new crimes during the waiting period.
No pending charges: You must not have any charges pending against you.
Demonstrated good conduct: Showing that you’ve stayed out of trouble and contributed positively to your community helps your case.
If you're not sure whether your conviction qualifies, a criminal defense attorney can review your record and explain your options.
How the Expungement Process Works
Once you know you may qualify, the next step is filing for expungement. This process involves several legal steps, paperwork, and deadlines.
Here’s an overview of the process:
Gather your records: Collect all documents related to your conviction, including court records and sentencing information.
File a petition: You’ll need to file a petition for expungement in the court where the conviction occurred.
Notify all parties: The prosecutor, law enforcement agencies, and other relevant parties must be notified.
Attend a hearing: A judge will review your case and determine whether to grant expungement. You may need to explain how you’ve changed and why expungement is appropriate.
Order granted: If the judge approves your request, the court will issue an order to expunge your record.
Each case is different, and small mistakes can delay or hurt your chances. Having a criminal defense attorney guide you through this process can make a big difference.
Preparing for the Hearing
The court hearing is a critical part of the expungement process. It’s your chance to show the judge why you should have a clean slate.
Here are some tips to help you prepare:
Be honest and respectful: The judge will appreciate your sincerity.
Show personal growth: Bring evidence of rehabilitation, such as employment history, volunteer work, or character references.
Practice your statement: Be ready to explain what you’ve learned from your past and how you've changed.
Transitioning from the hearing, it’s important to understand what happens after a successful expungement. Many people expect instant results, but it can take some time for records to be updated.
What Happens After Your Record Is Expunged
Once the judge grants expungement, your record will be sealed, but the process doesn’t stop there. It may take several weeks for agencies and databases to update their files.
Here’s what you can expect:
Record updates: Background check companies may take time to remove the conviction.
Disclosure rules: In most cases, you won’t need to disclose your expunged conviction, but there are exceptions for certain jobs.
Follow-up: You should request a copy of your updated criminal record to confirm the expungement.
Keep in mind that while expungement clears your record from public view, it doesn’t erase the past. However, it does give you a fresh start and can open doors that were previously closed.
How a Criminal Defense Attorney Can Help
Going through the expungement process on your own can be confusing and overwhelming. That’s where a criminal defense attorney comes in.
A skilled attorney can help by:
Reviewing your eligibility: They’ll go over your record to determine if you qualify.
Preparing your petition: Attorneys make sure everything is filed correctly and on time.
Representing you in court: If there’s a hearing, your attorney can speak on your behalf and present your case in the strongest way possible.
Following up: They’ll help you confirm that your record has been updated properly.
If you're serious about moving forward, it’s worth having a criminal defense professional by your side to avoid setbacks.
Common Mistakes to Avoid
Many people miss out on expungement because of simple errors. Knowing what to watch for can help you avoid delays or rejections.
Some common pitfalls include:
Filing too soon: Don’t file before the waiting period is over.
Incomplete paperwork: Make sure every section of your petition is filled out.
Missing the hearing: Failing to appear can result in denial.
Not following up: After expungement, check that your record is updated.
Being aware of these mistakes can save you time and frustration. Get in contact with me, Attorney Howard L. Lotven, today for more information.
The Long-Term Impact of Expungement
Clearing your record doesn’t just help you now—it can improve your future in ways you might not expect. Many people find new confidence in applying for jobs, pursuing education, or even starting businesses.
Expungement also affects how others see you. Employers, landlords, and even peers may treat you differently once your record is no longer part of the conversation. For many, it’s the final step in truly moving on from a difficult chapter.
Reach Out Today
Thanks to Missouri’s expungement laws, you may have the opportunity to start fresh. The process takes time and effort, but the rewards are worth it. Whether you’re just starting to explore your options or ready to file a petition, working with a criminal defense attorney can make all the difference. I’m proud to serve Kansas City, Missouri, and the surrounding areas of Independence, Rock Port, and Lexington. Contact me to get started today.