Many people who get a DWI in Missouri have a criminal record forever. If a prospective employer runs a background check, for instance, the DWI conviction shows up. This can cause all sorts of complications in the future.
However, it is possible to expunge your record. This means that the DWI would no longer show up on a background check. The record may be closed or destroyed. Either way, it effectively clears that DWI so that it doesn’t have as much of an impact on your life moving forward. Below are a few important things to know about this process.
You must wait 10 years
First of all, the earliest you can get a DWI expunged in Missouri is after 10 years. You can’t apply to have your record sealed right away, even if it’s a misdemeanor and not a felony conviction. In fact, felonies are not eligible for expungement. Only misdemeanors are.
It has to be your first offense
Moreover, if you have multiple DWI charges on your record, you cannot expunge them under Missouri law. This is only an option for first convictions. Likewise, if you have other alcohol-related convictions on your record, you are disqualified from expunging a DWI. If you’re a commercial driver and you were in a commercial vehicle at the time, you cannot ask for an expungement at all, even if it’s a first offense.
How the process works
If you do qualify for expungement, you must file a petition and pay a $250 fee. The specific court that convicted you is where your petition must also be filed. Some people are eligible to have the fee waived if they can show proof of a very low income.
After the petition is filed, the court will set up a hearing. This can take time, but shouldn’t take more than 60 days. If the state wants to object, they must do so within the first 30 days. At the hearing, you may need to appear before the court, inform them of your case, and show that you don’t have other criminal issues on your record.
Even when you do all of this, your expungement may not be approved right away. In some cases, it takes up to a year.
Experienced legal guidance
This is a complex process, but an expungement can have a major impact on your future. As such, it can help to have experienced guidance from legal professionals at this time. Be sure you know what steps to take.
