One of the most frustrating situations in the Missouri legal system is when an individual gets arrested, but no criminal charges are ever brought.
This record of arrest does not simply disappear because no charges have been filed. In order to expunge an arrest, an individual must file a petition to expunge an arrest. In order to be eligible to expunge an arrest, the court has to make the following determination.
First the court has to determine the arrest was based on false information and the following conditions exist:
- There’s no probable cause at the time of the action to expunge to believe the individual committed the offense they are arrested for.
- No charges were pursued as a result of the arrest.
- The subject of the arrest did not receive a suspended imposition of sentence (SIS) for the offense for which the arrest was made or any other offense related to the arrest.
In rare situations, the individual who was arrested for a traffic offense, may petition to expunge an arrest as long as is was not an alcohol related traffic offense. In order to be eligible to expunge an arrest for a traffic offense, an individual must show:
- That each offense or violation related to the arrest was dismissed or the recused was not guilty of each offense and violation and
- The person does not have a commercial driver’s license and was not operating a commercial vehicle at the time of the arrest.
A person can only be eligible for expungement of an arrest if the individual has no prior misdemeanor or felony convictions and no civil action is pending relating to the arrest of the records sought to be related to the arrest.
An arrest record can show up in multiple background searches. Upon expungement of an arrest, an individual will be able to answer “No” to the question of whether or not they’ve ever been arrested. This can be very important for employment applications and school applications. If you have any questions about arrest expungements please do not hesitate to contact our office.