Drivers convicted of a first time DUI in Missouri can expunge that DUI after it has been on their records for at least 10 years. The new DUI laws in MO that take effect on Jan. 1, 2017 are written to include intoxication related boating offenses as also eligible for expungement.
Under Missouri law (RSMO Section 610.130.1) an expungement is only available to eligible persons once in a lifetime. Furthermore, you can only expunge first-time misdemeanor DUI convictions. The effect of this requirement is that repeat offenders cannot apply for this relief. In addition, commercial CDL operators cannot have alcohol or intoxication related offenses expunged from their records.
Dual recordings of a DUI in Missouri
A drunk driving or DUI offense is recorded by the Department of Revenue and by the court that adjudicated the offense. Therefore, you will need to have both records sealed—or made private to restricted parties only, in order for the expungement to have the desired effect. The DOR is not required to fully expunge all information, and you should consult with a Missouri DUI attorney about your driving record options.
A successful expungement of a DUI will legally erase the offense from the individual’s criminal history. The law states:
” The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place.”
Further, the statute provides certain protections to you after your expungement. For instance, you cannot be charged with perjury for giving a false statement that you were never convicted of a DUI. And, generally, no one is allowed to ask if you have had an expungement.
Missouri Requirements for DUI Expungement
To successfully expunge your DUI at both the court and driving record levels, you will need to:
- Apply for expungement to the court of conviction;
- Wait for at least 10 years after the date of the DUI conviction to apply;
- Not have any other alcohol or intoxication related offenses or convictions in the interim 10 year period;
- Not have obtained any prior expungement; and
- Name the Missouri Director of Revenue as a party in the petition to expunge.
If the petition is granted, you will have a hearing in which you will need to show that you have not had any police contacts related to driving under the influence. This can be a time-consuming and lengthy undertaking, but a DUI lawyer who has experience with expungements can help to streamline the process.