Missouri DWI Expungement
If you’ve been accused of driving while intoxicated, you need an experienced legal advocate on your side. Call the expert DWI Attorney Springfield MO.
939 N. Boonville, Suite B, Springfield, MO 65802
Getting a DWI Expungement in Missouri
If you have had one or more alcohol-related driving offenses, it will behoove you to obtain a DWI expungement in Missouri to get your life back. Many people have the misconception that, over time, their felonies and misdemeanors fade into the distance like a bad memory. They are unaware that they are documented on their criminal record to be accessed indefinitely.
Fortunately, they can often have the record of their offenses removed through expungement. This is not an option for all people and all circumstances. So, you should determine your eligibility before beginning the procedure by contacting a reputable DWI lawyer to explain your case.
Hiring an Attorney for a Missouri DUI Expungement
When you seek a Missouri DUI expungement, you require the services of a local and reputable law office to help you legally overturn your intoxication-related criminal conviction.
DWI offenses remain on your court records permanently. They will be considered when sentencing any future interactions with law enforcement, including:
- City ordinance violation
- Commercial motor vehicle violation
- Criminal negligence
- Intoxication-related boating offense
- Subsequent DUI or DWI offense
Another alcohol-related driving offense or any other such arrest might cause the arresting law enforcement officer to view you as a habitual offender.
Understanding the Relevant Missouri DWI Expungement Statute
Criminal records can have long-reaching ramifications, so it benefits you to research the Missouri DWI expungement statute that pertains to see if that is an option for you.
Often, if you pled guilty of an intoxication-related traffic offense, you eventually regret it. Although it may seem the most straightforward option at the time, it remains on your permanent, official records and shows up every time a potential employer or lender does a criminal background check.
Therefore, it makes sense to have any eligible conviction expunged, which is the legal process where the criminal conviction is removed from state or federal government records or sealed, making them no longer visible.
After undergoing an administrative or court proceeding, an expungement provides a fresh start without an arrest plea or conviction on your record, making employment and other opportunities less difficult to obtain. As with any legal issue, this is more complicated than it sounds.
Knowing Missouri DWI Expungement Law
Although many people who have pleaded guilty to or been convicted of a felony offense would like to have such records wiped clean, they are unaware of Missouri DWI expungement law.
According to the law, there are certain requirements individuals have to meet to be eligible for expungement in Missouri for alcohol-related offenses. These requirements include:
- Waiting at least 10 years to file a petition and pursue an expungement
- An individual can’t have any other DWI conviction during that time
- The conviction wasn’t obtained for driving a commercial motor vehicle under the influence
Bear in mind that only individuals who are convicted of a DWI for the first time are eligible for a Missouri expungement. So if you’ve had your DWI conviction expunged once, you most likely won’t be eligible to have another DWI conviction expunged from your record.
The law has many other strict guidelines. For example, expungement provisions stated here don’t apply to individuals who have to possess a commercial driver’s license issued by the State of Missouri or any other state.
This makes it difficult for people to get an alcohol-related offense cleared from their conviction and arrest records, especially if they attempt to do so independently. A skilled attorney can offer advice, information, and court representation if they believe you are eligible for expungement.
How to Clear Your Criminal Record
If you mistakenly plead guilty or have run into problems with criminal background checks, you may wonder how to clear your criminal record and whether you qualify to do so. There are several methods your lawyer may use to get your record expunged or sealed.
- Actual innocence
- Coerced guilty plea
- False statement by witnesses
- Lack of evidence
- Law enforcement bias
- Unreliable breathalyzer results
If you are attempting to clear your record by filing that you were actually innocent, you do not have to wait for a specific period to pass. Your legal counselor will advise you.
Can You Expunge Your Missouri DWI Conviction?
With so much at stake and so many factors at play, can you expunge your Missouri DWI conviction? The answer is a bit complicated.
If, after the hearing, the court concludes that an individual is eligible to get a driving while intoxicated (DWI) offense expunged, it will order so. After that, the records of such conviction maintained in any administrative or court proceeding in any division of the circuit court will be confidential.
These records will maintain visible only to criminal justice agencies such as any law enforcement agency or the court system. Records can also be visible to other parties if there is a good cause shown to the court.
The goal of expungement in Missouri is to restore the status an individual occupied prior to the arrest and a drunk driving conviction. After a successful expungement, an individual doesn’t have an obligation to acknowledge the arrest or the criminal record expunged when someone questions them about it.
But, unless you are trying to have your conviction appealed or overturned because you are innocent, you will have to wait ten years before attempting to get a DWI expungement in Missouri. Even after the obligatory wait, you may not qualify. Contact the Ozarks DWI Law Clinic for more information.
How Long Does a DUI Stay on Your Record in Missouri?
An intoxication-related offense is a serious matter, and not all crimes are eligible for expungement, so how long does a DUI stay on your record in Missouri? Regardless of the case’s particulars, DUI and DWI convictions will remain on your criminal record permanently in Missouri.
With the resultant difficulties it causes, it is wise to pursue your expungement options.
How Long Does a DUI Stay on Your Record in Missouri?
An experienced law firm will explain how long a DWI/DUI stays on your record in Missouri. Since a DWI stays on your record indefinitely, it negatively affects any future run-ins with the law. If you have it erased, however, it resets how many offenses are evident.
Since only your first DWI/DUI is eligible for expunging, it will be charged as your first offense if you have a subsequent DWI afterward. An experienced law firm can explain in detail.
Can I Have a DWI Expunged from My Record in Missouri?
So, you may be contemplating: Can I have a DWI expunged from my record in Missouri? An experienced DWI lawyer will help you ascertain the viability of such an inquiry. If you have your record cleared, you won’t have to disclose that information during job interviews or meetings with your financial lender.
Employers often conduct background checks for jobs they believe prior convictions may indicate certain character flaws that could increase the risk to their company. The somewhat lengthy expungement process is worth the effort when considering those factors.
So, Can a DWI Be Expunged in Missouri?
The short answer to the question, “Can a DWI be expunged in Missouri?” is “It depends.” Although the court determines whether to keep your records confidential, an expungement is pursuant to their findings during the expungement process. A tenacious law firm with a thorough knowledge of Missouri law is essential to present this argument effectively. Contact us to learn your rights today.