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Can Expungement Restore Your Eligibility for Certain Professional Licenses?

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Why is it Important for Individuals With a Criminal Record to Consider Expungement Before Seeking a Professional License in Missouri?

Expungement can be a powerful tool for restoring eligibility for certain professional licenses in Missouri, offering a fresh start to those with past criminal records. This process can have a significant positive impact on professional advancement, particularly in fields that require state licensure. An experienced expungement attorney can help you explore how this process works in Missouri and its potential to improve your career trajectory.

How Can a Criminal Conviction Be Detrimental to Your Career Opportunities in Missouri?

A criminal record can have far-reaching consequences on an individual’s ability to obtain or maintain professional licenses in Missouri. Many licensing boards consider an applicant’s criminal history when making decisions about issuing or renewing licenses. For example, healthcare professions, legal careers, education, financial services, and various trades often require background checks and may deny licenses based on certain criminal convictions. Convicted individuals may face serious challenges when seeking to enter or advance in their chosen professions, even years after completing their sentences and rehabilitation.

Missouri’s House Bill 2046, signed into law in 2020, was a major step forward in removing some of the barriers to employment for individuals with a criminal record seeking professional licensing. Under this law, specific licensing boards can only disqualify an applicant if their conviction is directly related to the responsibilities and duties of their job. If the licensing board rejects an applicant, it must provide a written explanation of its decision, and the applicant has an opportunity to appeal the decision.

While this bill has opened the door for many previously excluded applicants, some professions are exempt from the reforms and can still deny licenses to those with a criminal record. For those seeking certification for these careers, including white-collar and medical professions, having their record expunged when possible may be the best path forward.

What is Expungement?

Expungement is a legal process that allows individuals to have certain criminal records sealed from public view. In Missouri, when a record is expunged, it is treated as if it never occurred, effectively erasing it from an individual’s public criminal history. In most circumstances, a person whose record has been expunged can legally state that they have not been convicted of the expunged offense. However, it’s important to note that expungement does not completely destroy all conviction records. Some government agencies, particularly those involved in law enforcement and licensing, may still have access to expunged records in certain situations.

Who May Be Able to Obtain an Expungement?

Missouri’s expungement law, which has undergone significant changes in recent years, now allows for the expungement of a wide range of offenses. Currently, more than 1,900 offenses qualify for expungement in the state. The statutory requirements for expungement in Missouri are outlined in RSMo §610.140.

To be eligible for expungement, an individual must meet several criteria:

  • The offense must be eligible for expungement under Missouri law
  • A certain period must have elapsed since the completion of the sentence or probation for the offense; typically, three years for misdemeanors and seven years for felonies
  • The petitioner must not have been found guilty of any other misdemeanor or felony during the waiting period
  • The circumstances and behavior of the petitioner warrant the expungement
  • The expungement must be consistent with the public welfare

It’s important to note that certain offenses, such as violent felonies, sex crimes, and domestic violence offenses, are generally not eligible for expungement in Missouri.

What Are the Benefits and Limitations of Expungement?

Once an expungement is granted, it may significantly improve an individual’s ability to obtain or maintain professional licenses. Many licensing boards in Missouri are required to consider expunged records differently from active criminal records. For instance, if a conviction has been expunged, some boards may be prohibited from using that information as the sole basis for denying a license.

However, it’s crucial to understand that expungement does not guarantee automatic approval for all professional licenses. Some professions, particularly those involving public safety or vulnerable populations, may still require disclosure of expunged convictions. Additionally, certain federal regulations may override state expungement laws in some cases. Despite these limitations, expungement generally provides a much better chance of obtaining a professional license than having an active criminal record.

Why Enlist the Services of a Skilled Expungements Attorney?

The process of petitioning the court for expungement can be complex and time-consuming, which is why a knowledgeable expungement attorney can be invaluable to your case. An experienced attorney can help navigate Missouri’s laws, ensuring all statutory requirements are met and the petition is filed correctly. They can also assist in gathering necessary documentation, such as criminal records and proof of completed sentences or probation, which are crucial for a successful expungement petition.

Furthermore, an attorney can help present your case to the court in the most favorable light. Your lawyer can provide evidence of your rehabilitation, good character, and the potential positive impact of expungement on your life and career. In cases where there might be opposition to the expungement, such as from a prosecutor or victim, an attorney can advocate on your behalf and address any concerns raised.

How Can Our Firm Assist in Your Pursuit of a Professional License?

By effectively sealing past criminal records, expungement offers individuals a chance to advance in their careers without the burden of past mistakes. While the process can be complex, the potential benefits in terms of career opportunities and professional advancement make it a worthwhile pursuit for many. With the assistance of a knowledgeable attorney from Grafe & Batchelor, individuals with past criminal records can take significant steps towards rebuilding their professional lives and accessing new opportunities in licensed professions. To learn more about our services, contact our firm at 636-220-5934 to schedule a free case evaluation with our experienced legal team.

Filed Under: Criminal Defense, Latest News

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What is A Hardship License?

In Missouri, it is possible for someone who meets specific requirements and has had their driver’s license suspended or revoked to apply for and receive a hardship license, also known as limited driving privileges or LDPs. LDPs are awarded to allow people who have had their standard license revoked or suspended to meet their daily obligations so they may continue to make a living or receive medical care. LDPs are only given to some. There was a reason your original privileges were revoked. It is a complex process requiring the guidance of a trusted, knowledgeable, and ambitious legal team willing to go the extra mile for their clients.

At Grafe & Batchelor, P.C., everyone deserves the proper defense. Call us today for a free consultation at 636-220-5934.

What Are the Conditions for a Hardship License?

Getting a hardship license is a complex task. Multiple conditions must be met before the court will consider granting your application. These conditions are in place to ensure that those granted LDPs use them for the purposes they were awarded and do not abuse them. The purpose of suspending your license was to help you learn from your mistakes, so reinstatement should be considered a challenging but worthwhile process. The conditions include:

  • Evidence that you have installed a state-approved Ignition Interlock Device (IID)
  • Proof that your driving habits are better and no longer pose any risk to other drivers.
  • Evidence that you haven’t been in any alcohol-related incidents on the road

Once the court reviews your submitted petition, it will approve or deny your LDP.

Are There Any Ineligible Drivers to Receive Limited Driving Privileges?

Missouri wants its roads to be safe for all drivers and has made the requirements for receiving a hardship license very strict. Certain types of drivers are simply ineligible to obtain hardship licenses. They are:

  • Drivers with felony convictions caused when they were driving, such as vehicular homicide or manslaughter (a traffic offense resulting in someone’s death.)
  • For drivers with DWI convictions, though in some cases Restricted Driving Privileges may be available instead, consult with your lawyer for more information
  • Drivers convicted of Hit-and-Run accidents
  • Drivers who haven’t paid all their tickets in Missouri or other states
  • Drivers not living in Missouri at the time of filing
  • Drivers who don’t meet all the requirements
  • Drivers who have suspended or revoked CDLs
  • Drivers with poor motor vehicle judgment

How Do I Apply for a Hardship License?

There are multiple avenues to apply for an LDP. The Missouri Department of Revenue provides all of the details. However, it is a complex process, and it should be noted that if you have a 5- or 10-year denial or suspension on your record, you cannot apply to the Department of Revenue. You have to petition the circuit court for your LDP, which will require the assistance of a hardship license lawyer. At Grafe & Batchelor, P.C., we’re on your team.

What is SR22 Insurance?

SR22 insurance is a particular product your car insurance company files with the Missouri Department of Revenue, proving that insurance is in place. It will increase the cost of your insurance policy. It is required after a certain number of traffic violations occur. Check with your policy carrier for details.

What is SATOP?

You will see a bit of alphabet soup when you fill out the Limited Driving Petition. Don’t be intimidated. Your hardship license lawyer is available to answer any questions you may have. SATOP is the Substance Abuse Traffic Offender Program. It is an education program required for reinstatement following specific types of alcohol-related traffic violations. The classes can vary and range from a single class to a complete outpatient substance abuse program. Your lawyer will have full details about the program.

How Long Will it Take to Get My Limited Driving Privileges Approved?

Once you have all your documentation in order and your lawyer has filed your petition with the court, it will usually review your application and offer its ruling within 5-7 working days. If the court approves your petition, you will be notified by mail. Ensure the notification is with you each time you get behind the wheel from that point forward. You should also note that any further traffic violation will result in the immediate revocation of your LDP.

Remember that an LDP is a true gift and should be treated as the second chance that it is.

How Can a Hardship License Lawyer Help My Case?

It may sound as though it is as simple as filling out a couple of forms and attaching an IID to your car, but obtaining a hardship license is a much more complex process than that. If they handed them out that easily, more people would know about the program, and it would be far more common practice. The state of Missouri makes reinstatement of a revoked license difficult for a purpose: to remind people that driving is a privilege and not a right.

At Grafe & Batchelor, P.C., we can help you reinstate your driving privileges. We’re experienced, robust, reliable, and confident hardship lawyers who can represent your best interests and fight for you. We’ll help you draft and file your petition and represent you at the hearing. We’ll be with you all the way through. Call us today for a free consultation at 636-220-5934

Filed Under: Latest News

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If You Lose a Loved One in a Catastrophic Truck Accident

If you lose a family member suddenly in a catastrophic truck accident, lawyers and lawsuits may be the last thing on your mind, but you will need to speak – as quickly as possible – with a Jefferson County wrongful death attorney about your family’s rights and your legal options.

Of course, a sum of cash can never reduce or eliminate a family’s suffering after a loved one’s loss, but a favorable settlement or a favorable jury verdict after a beloved family member’s wrongful death may complement the healing process and help to provide closure.

If your loved one’s wrongful death was the result of a traffic accident that involved a large commercial truck, how do you pursue a claim for wrongful death, who may be held liable, and what compensation will your family be eligible to receive?

How Many Truck Accidents Result in Fatalities?

Across the U.S. in 2022, large commercial trucks were involved in more than 160,000 traffic accidents that caused more than 5,000 fatalities. That year in Missouri alone, large trucks were involved in more than 5,000 accidents with 140 deaths and more than 2,200 serious injuries.

A large commercial truck’s weight and momentum may cause catastrophic and life-threatening injuries in an accident. While every traffic crash is potentially fatal, accidents that involve large commercial trucks are the most devastating traffic collisions.

A large truck, fully loaded, can weigh forty or more tons; the average automobile weighs only about 3,000 pounds. If a truck and a car collide at high speed, considerably more damage will be done by the truck and sustained by the auto and its passengers.

Who May Have Liability for a Fatal Truck Accident?

When a large truck is involved in an accident, even if the driver is directly at fault, it may be difficult to determine who is liable for the damages. How is liability assigned after a truck accident that results in a wrongful death?

In a wrongful death case, a trucking company – or another party – may have liability for a truck accident and the subsequent wrongful death. One of your wrongful death lawyer’s first steps will be determining who may be held liable for the crash and for the loss of your loved one.

Under the legal concept of vicarious liability, an employer may be held liable for an employee’s on-the-job negligence, provided that the negligence was not intentional and happened in the “course and scope” of the employee’s job duties.

When Does Vicarious Liability Apply to a Truck Accident?

Vicarious liability can shift the liability for a truck accident to a negligent driver’s employer. Whether the concept applies to any particular truck accident depends on the answers to these questions:

Was the driver an employee of the trucking business or an independent contractor?

Did the negligence, the crash, and the injury occur in the course and scope of the driver’s job duties?

Was the driver’s negligence unintentional or intentional?

A trucking company may be held liable for an employee’s negligence, but employers have no liability for the negligence of an independent contractor. If a driver is an independent contractor, vicarious liability doesn’t apply.

What Steps Can Grieving Families Take?

If a family member dies due to negligence in a truck accident, your Missouri truck accident lawyer will identify every potential source of compensation, hold negligent parties accountable, and advocate for the justice and compensation that your family is entitled to by law.

If a truck’s brakes or tires were defective, if the cargo was improperly loaded, or if the truck’s maintenance was improperly conducted or entirely neglected, multiple defendants may share liability for the accident and the wrongful death.

Wrongful death cases with multiple defendants may be difficult to resolve out-of-court. Your family may reach a settlement with one defendant, for example, while still pursuing a claim against other defendants.

What Can Your Family Receive After a Wrongful Death?

If you lose a spouse, child, or parent accidentally in a truck collision, it will be a difficult time for you, but you must have – as quickly as possible – the advice of a Missouri truck accident lawyer who can explain your family’s legal rights and options.

A wrongful death claim may be filed by a decedent’s immediate family members, the lineal descendants of the decedent’s deceased children, or by the parents of the decedent. The decedent’s family may pursue damages for:

the decedent’s hospitalization and treatment costs prior to the decedent’s death
the decedent’s lost income, earning capacity, and benefits
the decedent’s funeral and burial or cremation expenses
the family’s loss of inheritance and the spouse’s loss of consortium

What Else Should You Know When You Bring a Wrongful Death Claim?

The statute of limitations in Missouri gives the families of wrongful death victims three years to take legal action, but do not wait three years. Memories fade and evidence deteriorates (or can get lost) over time.

The sooner you speak to a Jefferson County wrongful death attorney, the more likely it is that your wrongful death claim will prevail. If you’ve lost a family member in a truck accident, your first meeting with a wrongful death attorney is provided with no obligation or cost.

In fact, you won’t owe any fee to a wrongful death attorney unless and until that attorney recovers your family’s compensation with a privately negotiated out-of-court settlement (which is how most wrongful death claims are resolved) or with a favorable trial verdict.

Grafe & Batchelor Will Fight for Your Family’s Rights

With more than thirty years of combined wrongful death and personal injury experience, the attorneys at Grafe & Batchelor will fight aggressively and effectively for your family’s rights if you lose a family member in a truck accident or any other wrongful death scenario.

We work on behalf of families in Jefferson County, the greater St. Louis area, and across the State of Missouri.

If you’ve lost a loved one in this state because another party was negligent, if that happens in the future, or simply to learn more about your family’s rights, promptly schedule a no-cost evaluation of your case by calling Grafe & Batchelor at 636-220-5934.

Filed Under: Latest News, Personal Injury

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Can a Criminal Conviction Affect Your Divorce or Custody Case?

We all make mistakes, but a serious mistake – and the criminal conviction that mistake may entail – could affect your divorce or child custody case. If you have a criminal conviction, and you’re getting divorced, you must be represented by a Jefferson County divorce attorney.

Criminal behavior, such as drug addiction or domestic abuse, is frequently the real reason for a divorce, so if you have a criminal conviction, or if you are married to someone who has a conviction, you need to understand the effect that conviction can have on your divorce.

When deciding child custody cases, the child’s best interests are always the court’s highest priority. In order to determine what is in a child’s best interests, a Missouri court may consider a parent’s history of domestic abuse, substance addiction, or other criminal behavior.

How Do Divorce Courts Handle Previous Criminal Convictions?

If you are charged with any crime in or near Jefferson County or the greater St. Louis area, you must contact a Jefferson County criminal defense lawyer at once. No guarantee can ever be made in a criminal case, but having a good lawyer is your best hope for avoiding a conviction.

If one of the spouses in a divorce received a criminal conviction in the past, the court may consider the context of that conviction and how it may be related to the divorce. The court will scrutinize the crime, how long ago it happened, and whether the spouse has been rehabilitated.

In other words, when a court considers a prior criminal conviction during a divorce proceeding, there’s no “one solution fits all” answer, and previous criminal convictions are examined on a case-by-case basis.

How Can a Criminal Conviction Affect the Division of Marital Property?

For divorce, Missouri is an “equitable” rather than an “equal” property distribution state, so in a divorce proceeding, marital property is divided by the court in a way that the court decides is fair to both spouses – but not necessarily equal.

A previous criminal conviction seldom directly influences the division of marital property – unless marital assets were involved – but a judge may be persuaded that a criminal conviction makes a substantially unequal division of marital property necessary for fairness.

If your criminal activity or criminal conviction in any way hindered your spouse’s ability to earn income, dissipated marital assets, or impaired the accumulation of marital assets, that activity or conviction could prompt the court to give a larger share of the assets to the innocent spouse.

How Can a Criminal Conviction Affect a Child Custody Dispute?

When a child’s custody is decided by a Missouri court, that court’s highest priority will be the best interests of the child. Anything that may pose a risk to the child will be considered, and a conviction for any of these offenses would seriously disadvantage a parent who seeks custody:

  1.  domestic abuse or violence
  2.  sexual abuse or violence
  3.  child neglect, abuse, or abandonment

A conviction for a crime that victimizes a child or risks the safety of a child may move the court to order supervised visitations or to prohibit visitations. Other crimes may also affect a custody ruling if those crimes suggest a propensity for violence or a disregard for the safety of others.

Moreover, the court may permanently terminate someone’s parental rights if the court believes that continuing the parent’s relationship with the child is detrimental to the child’s best interests.

What About Domestic Violence Allegations?

If you have not been convicted of a crime, but your spouse claims that you have committed domestic violence, that claim will be taken seriously by a Missouri divorce court, and it may affect the court’s decisions about the division of marital assets or the custody of your child.

However, claims of domestic violence are sometimes false claims. Most people would be surprised at how frequently Missouri family law attorneys, judges, and defense lawyers hear fabricated allegations of domestic violence.

During a divorce proceeding, if your spouse claims that you committed domestic violence, your divorce lawyer will fight aggressively to uncover the truth. However, a claim of domestic violence is like any other claim in a divorce, and what is “true” is ultimately decided by a judge.

What Else Should You Know About Divorce in Missouri?

You have to be a resident of Missouri for at least ninety days before you can file for a divorce in this state. Once your spouse has been served with divorce papers, it takes at least thirty days for a court to finalize the divorce, but the most complicated divorces can take a year or longer.

What does divorce cost? It can be costly when spouses fight over the division of assets, alimony, or the custody of their child or children. Agreements and compromises can reduce that cost, but the final cost of a divorce can’t be determined until a lawyer reviews the details of your case.

Divorce can be one of the most important events in a person’s life. If you plan to divorce your spouse – or if your spouse is planning to divorce you – discuss your rights, options, and circumstances with a Jefferson County divorce attorney before you take any other steps.

Where Can You Find a Lawyer Who Will Handle All of Your Legal Needs?

With more than three decades of combined legal experience, the Grafe & Batchelor legal team will meet all of your legal needs. Whether you need a Jefferson County criminal defense lawyer to fight a criminal charge or a good divorce attorney to defend your interests, we can help.

A divorce attorney at Grafe & Batchelor will bring your divorce proceeding to its best possible conclusion – even if you’ve been accused of domestic violence or you have a previous criminal conviction. Your attorney will ensure that you’re treated justly and fairly by the divorce court.

To find out more about your options and rights in a Missouri divorce – or if you’ve been charged with a crime in or near Jefferson County – call Grafe & Batchelor now at 636-220-5934 to schedule a free case evaluation with no obligation. We know how to put the law on your side.

Filed Under: Family Law, Latest News

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Are You Divorcing? Have You Been Accused of Domestic Violence?

Domestic violence accusations are taken quite seriously by the courts in Missouri. If you are accused of domestic violence during a divorce proceeding in the State of Missouri, you must be represented and advised by a Jefferson County domestic violence lawyer.

In every state, domestic violence is a real and persistent concern. It impacts separation, divorce, and child custody disputes. Each year in the U.S., over ten million men, women, and children become domestic violence victims.

People divorce for a variety of reasons, but domestic violence may be the leading reason. While the courts in Missouri take domestic violence allegations seriously, the courts cannot presume that an allegation is true merely because a party in a divorce proceeding makes the accusation.

Instead, in a Missouri divorce, the party making a domestic violence claim must prove by a preponderance of the evidence that a domestic violence incident in fact took place. The courts follow specific statutes and rules regarding domestic violence claims that arise in a divorce.

What Should You Know About Protection Orders and Divorce?

In Missouri, if a domestic violence allegation is made during a divorce proceeding, the court must consider the evidence and determine if domestic violence actually took place. When a domestic violence allegation is made, a Missouri court may issue a temporary or ex parte order of protection, usually good for ten days, until the court can convene a full hearing on the matter.

When a full hearing can’t be immediately scheduled, the ex parte order may be extended by the court. In a full hearing, both parties may testify, offer evidence, and question witnesses. The court may then retract the protection order or issue a full order of protection, which may stay in effect for up to one year and include specific conditions to protect the domestic violence victim.

Protection orders in Missouri may require a domestic violence perpetrator (or someone accused of domestic violence) to refrain from contacting or coming within a certain distance of the victim, entering the victim’s home or workplace, or surveilling or stalking the victim. A Missouri order of protection may be enforced in all fifty states, and violations carry criminal penalties.

How Can Domestic Violence Affect a Divorce Proceeding?

A divorce court in Missouri will consider a claim of domestic violence when the court makes decisions about child custody, the division of marital property, and spousal maintenance (alimony).

Under Missouri law, child custody disputes must be decided on the basis of the child’s best interests. If the judge determines that one of the spouses is capable of or likely to commit domestic violence, that spouse will probably be denied custody of the couple’s child or children.

An abusive parent, in some cases, may also be denied visitation rights. If visitation rights are denied to a parent, that parent must prove to the court that he or she is rehabilitated in order for the court to modify its order and allow visitations.

Can You Divorce on the Basis of Domestic Violence?

Missouri is a no-fault divorce state, so it’s not necessary for one spouse to prove that the other is at fault for the divorce. Some states still permit the spouse who is filing for divorce to claim fault-based grounds for the divorce, but Missouri is not one of those states.

While evidence of fault is not required in order to divorce in Missouri, evidence of fault – such as adultery or domestic violence – could become important when the property division, child custody, and spousal maintenance questions are decided by the court.

If you have been a victim of domestic violence in your marriage, a Jefferson County divorce attorney will help you decide if the evidence of domestic violence should be included in your own divorce case.

What if You Are Falsely Accused?

During a divorce proceeding, if your spouse accuses you of domestic violence, making the claim is not enough. Your spouse will need to prove it. Fabricated domestic violence claims are probably made more frequently than most people would imagine.

Such false claims are made for a variety of reasons, but in a divorce proceeding, false domestic violence claims are typically made in an effort to influence the court’s decisions about property division, spousal support, and child custody.

When there’s an accusation of domestic violence in a Missouri divorce proceeding, it isn’t always easy to separate the truth from the lies. Your Jefferson County divorce lawyer will fight to uncover the truth, but a fake domestic violence allegation is like any other phony claim, and in a divorce proceeding, what is and isn’t true may be decided by a complete stranger – the judge.

What Else Should You Know About Divorce in Missouri?

Filing for divorce is not difficult in this state. The only requirement is a residency requirement which stipulates that the spouse who is filing for the divorce must be a resident of Missouri for at least ninety days before he or she may file a divorce petition.

Before you file for divorce, arrange to discuss your rights and options with a Jefferson County divorce attorney. If your spouse is the partner who is seeking the divorce, contact a Missouri divorce attorney as soon as you have been served with divorce papers or even earlier if possible.

Let Grafe & Batchelor Handle Your Divorce

With over thirty years of combined legal experience, the team at Grafe & Batchelor will ensure that you’re treated fairly and justly during the divorce process. Your first case evaluation is offered without cost or obligation.

The attorneys at Grafe & Batchelor have considerable experience resolving the most acrimonious and complicated divorce disputes. Whether you have been a victim of domestic violence or you stand accused of domestic violence, we will bring your divorce to its best possible resolution.

If you anticipate a dispute over property, child custody, or spousal maintenance, or if you need to learn more about your rights and options in a Missouri divorce proceeding, schedule a free case evaluation with Grafe & Batchelor now by calling 636-220-5934. We are ready to work for you.

Filed Under: Family Law, Latest News

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Are You Facing A Criminal Drug Charge?

A drug crime conviction in Missouri may be penalized with a jail or prison term and a costly fine. A drug conviction creates a criminal record that can follow you for years. If you’re charged with a drug crime in this state, contact a Jefferson County drug crimes attorney immediately.

Illegal drug charges have serious implications. Even a misdemeanor conviction creates a criminal record that will follow you for years and make it difficult for you to find employment, locate housing, attend particular colleges, or obtain a loan or public assistance.

How is illegal drug possession penalized in Missouri? What constitutes intent to distribute illegal drugs, and how will a Jefferson County drug crimes lawyer defend you if you are charged with a drug crime?

How Are Illegal Drug Possession Cases Handled?

If you’re convicted of illegal drug possession in Missouri, the penalties you receive for that conviction will depend on the answers to these questions:

  1.  Did you intend to sell the drugs, or were the drugs for your personal use?
  2.  What quantity of the drug was involved?
  3.  How dangerous is the specific drug you were convicted of possessing?
  4.  Are you a habitual drug user or a “persistent” offender?
  5.  When you were arrested, were you on probation or parole?

How is Illegal Drug Possession Penalized?

Generally speaking, the possession of any amount of any controlled substance other than marijuana is prosecuted by the State of Missouri as a Class D felony punishable upon conviction with a lengthy prison sentence, even for a first offense.

A second or subsequent possession charge may be prosecuted as a Class C felony punishable on conviction with an even lengthier prison term. Exact penalties for drug convictions also depend on whether the crime involved any aggravating or mitigating circumstances.

What is Intent to Distribute?

In Missouri, possessing illegal drugs that you intend “to distribute or deliver” is prosecuted as a Class C felony. What indicates that someone has the intent to distribute an illegal drug? Usually, the police and prosecutors identify an intention to distribute by using circumstantial evidence.

If the amount of the drug is enough for a reasonable person to believe that it was too much for one person’s personal use, the charge will be intent to distribute. Circumstantial evidence such as plastic bags, twist-ties, or scales may be used to support an intent to distribute charge.

How is Intent to Distribute Penalized?

Drug trafficking penalties in this state depend on the drug, the quantity involved, whether the crime involved aggravating or mitigating circumstances, and whether the defendant has prior convictions.

Selling illegal drugs or possessing those drugs with an intent to distribute is typically charged as a Class B felony that may be penalized upon conviction with a five-to-fifteen-year prison sentence.

However, trafficking even a single gram of LSD, or trafficking thirty grams or more of heroin, cocaine, or methamphetamine is a Class A felony that, in some cases, could send a convicted offender to prison for life.

How Are Subsequent Drug Convictions Penalized?

When a defendant who is charged with a drug crime has a previous felony conviction in Missouri, that defendant is classified as a “prior” offender. A defendant who has two or more previous felony convictions is classified as a “persistent” offender.

A persistent offender’s sentence for a drug crime conviction may be increased to the sentence for the next highest felony level. For instance, a persistent offender who has been convicted of a Class B felony may be sentenced as if he or she had been convicted of a Class A felony.

Are There Additional Consequences for a Drug Crime Conviction?

Along with a costly fine and a prison or jail sentence, a drug crime conviction may also entail “extra-legal” consequences. A conviction for a drug crime may disqualify someone from particular jobs, college scholarships, public benefits, or firearms ownership.

If you are not a United States citizen, a drug crime conviction could trigger a removal hearing. If you have a professional license, a conviction for a drug crime could prompt the revocation or suspension of that license.

Can Drug Crime Convictions Be Expunged?

Any criminal conviction in Missouri can make it difficult for a convicted offender to find employment and housing. However, after enough time, and if you meet the requirements, a drug crime conviction can be expunged from your record.

A Jefferson County drug crimes attorney can guide you through the expungement process.

If you meet the requirements, a misdemeanor conviction may be expunged from your record three years after your sentence has been completed, and a felony drug crime conviction may be expunged from your record seven years after your sentence has been completed.

What About Marijuana in Missouri?

For adults who are 21 and older, the possession of marijuana became legal in Missouri in December 2022. It remains illegal to sell, cultivate, or distribute marijuana without the proper permits and licenses. Distributing or selling marijuana to minors also remains against the law.

Adults who are 21 years old or older may possess up to three ounces of marijuana, and adults may grow up to six mature marijuana plants if they apply for and are approved for a noncommercial cultivation registration permit.

Marijuana consumption in any public location remains illegal. Consumption is allowed only in private residences, and renters may consume marijuana in a residence only with the consent of the property owner.

How Will an Attorney Defend You Against A Drug Charge?

If you are charged with a drug crime in Missouri, your defense attorney will seek answers to these questions:

  1.  Have you been accused of possessing another person’s illegal drugs?
  2.  Were you properly charged or overcharged for the offense?
  3.  Were your constitutional rights violated by law enforcement officers?

Your Jefferson County drug crimes lawyer will file a motion to have any evidence tossed out of court if that evidence was obtained by violating your rights. If key evidence against you is suppressed, the charge against you could be reduced or the case could be dismissed by the court.

Grafe & Batchelor Will Fight for the Justice You Need

If you are charged with a drug crime in Missouri – sale, possession, trafficking, cultivation, or a combination of charges – contact a Missouri criminal defense attorney at Grafe & Batchelor as quickly as possible.

With more than thirty years of combined criminal defense experience, the attorneys at Grafe & Batchelor effectively defend clients who have been charged with drug crimes in Jefferson County, St. Francois County, Washington County, and throughout the State of Missouri.

If you are charged with intent to distribute or with possession, call Grafe & Batchelor promptly at 636-220-5934. Grafe & Batchelor’s legal team will provide a no-obligation, no-cost evaluation of your case, and if you become our client, we will fight aggressively for the justice you need.

Filed Under: Criminal Defense, Latest News