If you are charged with child abuse in Missouri, you must be represented and defended by a Jefferson County child abuse attorney. Child abuse is a heinous crime, but what constitutes child abuse in this state? And how can you prevail against a child abuse charge?

Keep reading, because these questions are about to be answered in this brief discussion of child abuse, your rights as a parent or guardian, and the law in the State of Missouri. You’ll learn how child abuse is legally defined, and you will also learn what defenses may be offered against the charge.

What Constitutes Child Abuse in Missouri?

Child abuse is a serious and growing concern in Missouri. In fiscal year 2020 (July 1, 2019 through June 30, 2020), the state’s Child Abuse/Neglect Hotline Unit received over 55,000 reports that involved over 78,000 children in Missouri.

Any act (or a failure to act) by a parent, a caregiver, or any other adult that puts a child (anyone under age 18) at imminent risk or causes serious harm to a child’s health and/or welfare may be considered child abuse or child neglect in the State of Missouri.

Under Missouri law, child abuse is the “infliction of physical, sexual, or mental injury against a child by any person eighteen years of age or older.” The law specifies that corporal punishment (spanking) “administered in a reasonable manner” does not constitute child abuse in this state.

Child neglect is defined as the “failure to provide, by those responsible for the care, custody, and control of a child under the age of eighteen years, the care reasonable and necessary to maintain the physical and mental health of the child.”

What Are Missouri’s Child Abuse Charges and Penalties?

Child abuse charges in Missouri are often filed as Class D felony charges, punishable upon conviction with up to seven years in a state prison and a fine of up to $10,000, with no possibility of parole for at least one year.

However, if a serious physical or emotional injury was inflicted on a child, the charge will be filed as a Class B felony, punishable upon conviction with five to fifteen years in a state prison and no possibility of parole for at least five years.

If the crime involved the sexual exploitation or abuse of a minor under 14 years old, or if the abuse resulted in a fatality, the child abuse charge will be a Class A felony, punishable upon conviction with ten to thirty years in prison and no chance of parole for at least fifteen years.

If you hold a professional license in Missouri, any felony conviction puts it at risk. If you’re not a U.S. citizen, a child abuse conviction may trigger a deportation proceeding. A conviction may also impair your ability to find employment or housing or to obtain loans or public assistance.

Could You Lose the Custody of Your Child?

Child neglect and child abuse cases in this state are also scrutinized by the Missouri Department of Social Services to decide if a parent should have the custody of his or her child terminated.

If a parent is convicted of child abuse, the state can revoke the custody of the child from that parent, and if necessary, place the child with relatives or in foster care. If custody is terminated, a parent may appeal the decision to the Child Abuse and Neglect Review Board.

If you are investigated by the Department of Social Services for a report of child neglect or abuse, even if you have not been charged with a crime, you will need sound legal advice, and you will probably also need to be represented by a Jefferson County child abuse lawyer.

Who Is a Mandatory Reporter?

Under Missouri Law, teachers, health care professionals, members of the clergy, first responders, and “any other person with the responsibility for the care of children” are “mandatory reporters” who must report suspected child neglect or abuse to the Missouri Department of Social Services.

The failure of a mandatory reporter to report an incident of suspected child neglect or abuse is a Class A misdemeanor, and filing a fabricated child neglect or abuse report is also a Class A misdemeanor, punishable upon conviction with up to a year in jail and/or a fine of up to $2,000.

What Defenses May Be Offered Against a Child Abuse Charge?

If you are accused of child abuse, after reviewing the details of the charge, a Jefferson County child abuse lawyer will develop an appropriate defense strategy.

There may be several child abuse defenses available depending on the circumstances of your particular case, including:

The charge against you is fabricated: False child abuse accusations are not uncommon. A Jefferson County child abuse attorney can aggressively counter-attack false allegations and work to uncover the truth about what happened – or what didn’t happen.

The child was injured or harmed in some other way: Your attorney may be able to prove – possibly with testimony from eyewitnesses or a doctor – that you were not responsible for the injury that happened to your child.

You were acting within your rights as a parent: Parents are generally free in the State of Missouri to discipline their children as they see fit, provided that the discipline is reasonable and causes no emotional or bodily injury to the child.

The abuser injured the child to gain attention and suffers from Munchausen Syndrome by Proxy: This is basically an insanity defense. Your attorney would have to compile medical evidence and ask an expert witness to offer a statement or testify on your behalf.

What Else Do Parents Need to Know About Child Abuse?

Especially if you are falsely accused of neglecting or abusing your child, you must be defended by an attorney who has successfully dealt with fabricated abuse allegations against previous clients. If the custody of your child is at stake, nothing is more important.

As soon as you suspect or learn that you are being investigated for child abuse or neglect by a police agency or by the Missouri Department of Social Services, contact a Missouri child abuse lawyer at once.

You don’t have to talk to the Department of Social Services or the police, and if you do, anything you say could be used against you. Let your lawyer do the talking on your behalf. Having a good attorney’s help is the right of every parent or guardian who is accused of child abuse or neglect.

There is often a bit of confusion regarding trespassing and burglary statutes in Missouri, so if you’re charged with either of these crimes, you’ll need advice and representation from a Jefferson County trespassing attorney, and you will need to contact that attorney at once.

What constitutes trespassing in the State of Missouri? How is it distinct from burglary? What penalties may be imposed on someone who is convicted of a trespassing crime in this state? What is Missouri’s “purple paint law,” and what does it have to do with trespassing?

If you’ll keep reading this brief discussion of the trespassing laws in Missouri, you will learn the answers to these questions, and you will also learn how a Missouri criminal defense lawyer will help you fight a trespassing or burglary charge if you have been accused of either crime.

How Is Trespassing Defined? What Is the “Purple Paint” Law?

Missouri property owners must inform others when others cannot come onto a property. Owners meet the notice requirement by posting a “No Trespassing” sign, installing a fence, telling others verbally that they cannot enter, or by marking a property with purple paint as described below.

Entering someone’s property without consent and/or remaining there is considered trespassing. A trespassing charge differs from a burglary charge, which requires an illegal entry onto someone’s private property to include the use of force (even if that force is merely pushing a door open).

The state’s purple paint law lets property owners mark posts or trees with purple paint as a warning to trespassers. The paint is the equivalent of a fence or a “no trespassing” sign telling others not to enter a property. Property marked with purple paint doesn’t have to be fenced.

The purple paint must be placed on posts or trees, and the vertical paint lines must be at least 8 inches long. The bottom edge of a mark must be from 3 to 5 feet off the ground, and marks must be easily seen by anyone approaching the property. Marks may not be more than 100 feet apart.

What Penalties May Be Imposed for Trespassing Convictions?

Entering the property of another person without consent, whether or not the property is painted or fenced, is second-degree trespassing. Second-degree trespassing is considered an infraction rather than a misdemeanor or felony. It is punishable upon conviction with a fine of up to $200.

The following acts constitute trespassing in the first degree:

1.  knowingly entering a property illegally or knowingly refusing to leave after being told to
2. entering a property that is marked with purple paint as described by law
3. entering a property where a “No Trespassing” sign has been posted
4. entering a property that has been fenced against intruders

Trespassing in the first degree is classified as a Class B misdemeanor, punishable upon conviction with up to six months in jail and a $500 fine.

How Can You Avoid a Trespassing Conviction?

If you have been charged with trespassing in Missouri, you should be represented by a Jefferson County trespassing lawyer. One defense against a trespassing charge is the defense of necessity or justification.

This defense can be offered after someone, through no fault of his or her own, trespasses in order to avoid a greater harm. For instance, if you were chased by an aggressive dog and you ran into someone’s house, you can offer necessity as a plausible defense against the trespassing charge.

Another defense against a trespassing charge is a “claim of right.” Using this defense, the defendant claims that he or she has the legal right to enter the property in question. Other defenses that can be offered against a trespassing charge include:

1.  Misidentification: You may claim that someone else committed the crime.
2.  Fabrication: You may claim no trespassing occurred and the charge against you is false.

When Does Trespassing Become Burglary?

Missouri’s trespassing laws are written in a way that makes them difficult to understand fully. If you are a property owner with questions about your rights, or if you have been charged with trespassing in Missouri, you’ll need to speak with a Jefferson County trespassing attorney.

When someone uses force to enter a property, and when that person knowingly remains illegally inside a building or any inhabitable structure for the purpose of committing a crime, that person may be charged with second-degree burglary.

More than 29,000 burglary arrests were made by Missouri law enforcement officers in 2020. Burglary in the second degree is a Class D felony in Missouri that may be penalized upon conviction with up to seven years in prison and a fine of up to $10,000.

What Is First-Degree Burglary?

A person commits first-degree burglary in Missouri when that person knowingly and illegally stays in a structure for the purpose of committing a crime inside the structure, and any of these conditions exist:

1.  The person is carrying explosives or a deadly weapon.
2.  The person threatens or injures someone who isn’t his or her criminal accomplice.
3.  Anyone who was not taking part in the crime is present inside the structure.

First-degree burglary is a Class B felony punishable upon conviction with up to fifteen years in prison. An offender convicted of burglary will receive a sentence for the next-higher felony class if he or she has two or more previous felony convictions or is considered a “dangerous offender.”

Charged With Trespassing or Burglary? What Should You Do?

If you are taken into police custody and charged with trespassing or burglary in this state:

1.  Cooperate with the police, but firmly insist on your rights.
2.  Politely refuse to answer questions until your attorney can be present.
3.  Don’t sign anything, and do not try to negotiate with the police or the prosecutors.
4.  Contact a Jefferson County trespassing or burglary lawyer as quickly as possible.

Your defense attorney will examine any physical evidence from the purported crime scene, question any witnesses, determine exactly what happened, and will then work aggressively and effectively to bring your trespassing or burglary case to its best possible conclusion.

Every criminal defendant in Missouri has the right to an attorney’s help. If you’re charged with trespassing, don’t let a conviction disrupt your family or your career. Even for a misdemeanor charge, your future could depend on having a good defense lawyer working on your behalf.

If you are charged with committing a theft crime in Missouri – and whether you are innocent or guilty of committing the theft how can you defend yourself against the charge? The first step is obtaining the advice and services of the right Jefferson County criminal defense attorney.

What constitutes the crime of theft in Missouri, and what are the various theft charges? Which thefts are felonies and which are misdemeanors? What are the penalties for theft convictions? And what defenses can your lawyer offer to cast doubt on the state’s case against you?

If you’ll continue reading this brief discussion of theft, your rights, and the law in Missouri, these questions will be answered, and you will also learn what steps to take if you are accused of committing a theft crime in the State of Missouri – now or in the future.

How Does Missouri Define Theft Crimes?

Someone commits a theft in Missouri when he or she takes another person’s property or services with no intention of returning it to the lawful owner, without the owner’s permission, or by coercion or deceit. It’s also against the law in Missouri to receive any item that you believe or know is stolen.

Like most states, Missouri classifies serious theft crimes as felonies and less serious thefts as misdemeanors. Whether a criminal theft charge in this state is a felony or a misdemeanor will depend on the value of the stolen property, the defendant’s criminal record, and the kind of property that was stolen.

For example, the theft of dangerous items like firearms, explosive devices, anhydrous ammonia, and liquid nitrogen is a felony in Missouri, without regard to the actual monetary worth of the item.

How Does Missouri Classify Theft Crimes?

It is a Class A felony in Missouri to steal a rail tank car, tank trailer, tank truck, bulk storage tank, field applicator, field tank, or field nurse containing any quantity of anhydrous ammonia (which is needed for making methamphetamine).

A Class A felony charge in Missouri is punishable upon conviction with ten years to life in prison. It is a Class B felony in this state to steal any other property that contains anhydrous ammonia or:

1. to take property that contains liquid nitrogen
2. to commit a second theft offense stealing captive wildlife or livestock valued over $3,000
3. to take livestock worth over $10,000
4. to take any property from any financial institution

It is also a Class B felony in Missouri to take a watercraft, motor vehicle, or aircraft if you have two previous theft convictions within the last ten years. Class B felonies may be penalized upon conviction with five to fifteen years in prison.

What Are the Other Theft Felonies?

The theft of property or services worth $25,000 or above is a Class C felony in this state. Class C felonies are punishable upon conviction with three to ten years in prison and a fine of up to $10,000.

Several different types of theft are categorized in Missouri as Class D felonies punishable upon conviction with up to seven years in prison and a fine of up to $10,000, including the theft of:

1. services or property worth $750 or above but worth under $25,000
2. property from the victim’s person
3. a credit card or a controlled substance
4. a firearm, explosive device, watercraft, aircraft, or motor vehicle
5. a voter registration list or book, an unrecorded property deed, or a will
6. certain captive wildlife, live fish, or livestock
7. ammonium nitrate
8. any item stolen to analyze, test, or produce methamphetamine or amphetamine
9. any item used to transport fuels, conduct electricity, or send wire communications

Stealing any animal in Missouri (other than the captive wildlife, live fish, or livestock listed above) is a Class E felony that may be penalized upon conviction with up to four years in prison and a fine of up to $10,000.

What Thefts Are Misdemeanors?

First offenses in Missouri involving stolen property valued at under $150 are Class D misdemeanors punishable upon conviction with a $500 fine.

When stolen services or property are worth more than $150 but under $750, the charge is a Class A misdemeanor punishable upon conviction with up to a year in jail and a maximum fine of $2,000.

What Defenses May Be Offered Against a Theft Charge?

In theft cases, the prosecution must prove criminal intent in order to convict a defendant. In Missouri, if the defendant honestly believed that he or she was entitled to the property or that the property owner would have let the defendant take the property, that belief is an admissible defense against a theft charge.

The other defenses that a Missouri theft crimes attorney may offer against theft charges include:

1. Another person committed the theft, and the defendant was framed.
2. No theft took place, and the charge against the defendant was fabricated.
3. The defendant was misidentified by one or several witnesses.

How Is Shoplifting Handled?

In Missouri’s legal system, there is no distinction between shoplifting and other types of theft, with this exception: Shoplifters (or parents or guardians if the shoplifter is a minor) may also be sued in civil court by retailers for:

1. the retail price of any stolen merchandise
2. incidental costs to the retailer up to $100
3. punitive damages from $100 to $250 payable to the retailer
4. the retailer’s court costs and lawyers’ fees

What Else Should You Know About Theft Crimes?

If you are charged with a theft crime in Missouri, schedule a consultation with a Jefferson County criminal defense attorney as quickly as possible. Your defense attorney will protect your legal rights and fight aggressively and effectively to bring your case to its best possible outcome.

A theft conviction entails more than legal penalties. A criminal conviction can impair your ability to find housing or employment or to qualify for a loan or a professional license. If you’re not a U.S. citizen, a theft conviction could trigger a deportation hearing.

Don’t even consider representing yourself in a criminal matter. The laws are complicated, too much will be at risk, and any mistake will be used against you. If you’re charged with theft in Missouri, you must obtain the advice and services of a Missouri theft crimes attorney at once.

If you’re charged with a crime in Missouri, arrange at once to speak with a Jefferson County criminal defense attorney. Whether the charge is a felony or a misdemeanor, and whether you are innocent or guilty, you are going to need a good defense attorney’s advice and representation.

When a Missouri judge sentences a convicted criminal offender, a term of probation may be ordered. As of 2019, more than 40,000 probationers were being supervised by the Missouri Department of Corrections.

If you are serving probation, what can occur if you violate the terms of your probation? How are probation violations handled in the State of Missouri? If you will continue reading, these questions are about to be answered in this brief discussion of probation and probation violations.

If You Are Charged With Committing a Crime

If you are charged with a crime in Missouri – even if it’s a low-level misdemeanor – do not accept any “deal” or plea bargain, and do not sign any document or agreement before you’ve met with a Missouri defense attorney.

When a suspect is taken into police custody, that person has the right to stay silent and the right to a lawyer’s advice. Do not resist the police officers if this happens to you, but exercise your rights – and decline politely to answer questions – until your lawyer can be there.

While a good defense attorney will always fight to have criminal charges dismissed or to have his or her client acquitted by a jury, if you are convicted of committing a crime in Missouri, there’s a good chance that probation will be ordered as a part of your sentence.

However, before a term of probation will be ordered by the court, a convicted offender must agree to adhere to the terms of probation and sign a statement to that effect.

What Are the Terms of Probation in Missouri?

Probation allows you to live at your home, attend school or work, and meet the conditions of probation by adhering to the law and behaving responsibly. The specific terms and conditions of probation usually include:

1.  Probationers may not violate any local, state, or federal law. Any arrest must be reported to the offender’s probation officer within forty-eight hours.
2.  Probationers must obtain permission for any travel outside of the jurisdiction where they reside and for any change of residency.
3.  Probationers must maintain employment and obtain permission for any change of employment. Quitting or being terminated from a job must be reported to the offender’s probation officer within forty-eight hours.
4.  Probationers may not associate without permission with any person who has a conviction for a felony or a misdemeanor.
5.  Probationers may not use or possess any controlled substance except as prescribed by a physician. Probationers are subject to unannounced drug tests.
6.  Those on probation for a firearms or explosives charge may not own, possess, buy, sell, receive, or transport any firearms, ammunition, explosive device, or dangerous weapon.
7.  Probationers must report as directed to a probation officer and pay a monthly intervention fee on the first day of each month.
8.  The Board of Probation and Parole, the court, and the probation officer have the authority to set special conditions for individual probationers.

What Constitutes a Violation of Probation?

Probation in Missouri emphasizes personal accountability while offering a practical alternative to prison or jail. It’s a chance that the State of Missouri has offered you to “make things right,” so you don’t want to violate probation or be accused of a violation.

A probation violation happens when a probationer breaks a condition of his or her probation. When you are suspected of violating probation, a report is sent to the court by either a probation officer or a prosecuting attorney.

The court may then issue an arrest warrant or a notification of a probation revocation hearing to the probationer. In Missouri, a probation officer may also issue a warrant for a probationer’s arrest upon learning of a violation.

How Is a Probation Revocation Hearing Conducted?

In a probation revocation hearing, in order to convict you of violating probation, the prosecutor must offer evidence that you violated probation either intentionally or through carelessness or negligence.

If you are on probation, you already have a criminal conviction, so if you’re prosecuted for a violation, you won’t be presumed innocent. You will not have the right to a trial by jury, for instance. Probation violation cases are decided exclusively by judges.

And because the probationer has already received a conviction for the underlying, original crime, the prosecutor’s burden of proof is not “proof beyond a reasonable doubt” but only a “preponderance” of the evidence that a term of probation was violated.

Speaking plainly, this means a prosecutor only has to prove that it’s more likely than not that the probationer violated a condition of probation.

The probationer and his or her attorney may then present their own witnesses and evidence in rebuttal. Your defense attorney will work aggressively to cast doubt on the prosecutor’s case.

How Are Probation Violations Penalized?

Admitting or denying an alleged probation violation is a decision that should only be made after consulting a Missouri probation attorney. If the court finds the probationer guilty of a probation violation, the court may:

1.  order the probationer to serve his or her full original sentence
2. continue the probation with no change
3.  extend the period of probation and/or add additional terms to the probation

What Will Your Attorney Do on Your Behalf?

When a Missouri judge orders probation for someone, the court is offering that offender an opportunity to live in his or her own community, even with a criminal conviction.

If that individual is you, adhere to the conditions and terms of your probation and do not ruin your chance to avoid jail or prison. However, if you are accused of violating your probation in Missouri, there’s hope.

The right Jefferson County criminal defense attorney may be able to convince the judge that no probation violation occurred, or if it did, that you should still be permitted to continue on probation.

You lose some legal rights as a probationer, but you do not lose the right to have a lawyer advise and represent you. If you are charged with violating your probation, exercise that right, and contact a Missouri probation attorney immediately.

If your Missouri driving privilege is suspended, revoked, or denied and you are not currently eligible for reinstatement, but you need to drive for employment or other important matters, you may be eligible for a “hardship license” with the help of a Jefferson County hardship license attorney.

A hardship license – also called a limited driving privilege or “LDP” in Missouri – allows someone with a license that has been suspended, revoked, or denied to drive a motor vehicle only for purposes related to work, school, medical care, childcare, or legal obligations.

What steps will you need to take in order to obtain a limited driving privilege in this state? Who qualifies for an LDP? If you continue reading, you’ll learn the answers to these questions, and you’ll also learn more about driving privileges and hardship licenses in the State of Missouri.

Under What Circumstances Are Licenses Suspended or Revoked in Missouri?

Driving is a routine, daily part of life for most of us. A license suspension or revocation may cause substantial hardship by preventing you from driving to your job, school, bank, and medical appointments. When and why would your driver’s license be suspended or revoked?

The most common reason for a license suspension or revocation is that the driver has accumulated too many points on a driving record. Generally speaking, a conviction for any traffic violation will result in at two several points being added to your driving record. If you receive:

1. 8 points within 18 months, your license is suspended for 30, 60 or 90 days
2. 12 points within 12 months, your license is revoked for one year
3. 18 points within 24 months, your license is revoked for one year
4. 24 points within 36 months, your license is revoked for one year

The license of a driver can also be suspended or revoked in Missouri when a driver is convicted of driving while intoxicated (DWI). A first DWI conviction carries 8 points and triggers a ninety-day suspension. A second DWI conviction more than 5 years from the first conviction will result in 12 points and a one-year revocation. A second DWI conviction within five years of the first conviction will result in a five-year license denial.

How Do You Obtain a Limited Driving Privilege?

If your license was suspended or revoked for too many points, you may be eligible for a limited driving privilege by purchasing SR-22 auto insurance, installing an ignition interlock device (IID) in your vehicle (in some cases), and by completing and filing Form 4959 with the Department of Revenue (DOR). An attorney should review your paperwork or help you complete it.

During a ninety-day suspension for first offense DWI, there are two ways to obtain an LDP. The first option is to serve the first thirty days of the suspension (this is called a “hard walk”) and then purchase SR-22 insurance. Once this step is complete, the Department of Revenue will mail the LDP to the driver.

The second option allows a driver to obtain a driving privilege from day one of the suspension and not suffer the thirty-day waiting period. The driver must show proof of SR-22 insurnace, install an IID in your vehicle, and file a limited driving privilege request with the DOR. Again, you should ask a Jefferson County hardship license attorney to review your paperwork or help you complete it.

What About Longer DWI-Related License Revocations?

During a one-year DWI-related revocation, you must purchase SR-22 insurance, have an ignition interlock device installed in your vehicle, and submit a request to the Department of Revenue in order to have the limited driving privilege granted.

For a five-year DWI-related denial, unless the driving while intoxicated conviction was a felony conviction, you must apply to the Circuit Court that convicted you to request a limited driving privilege. This is a much more involved process that involves filing a lawsuit against the DOR in order to secure a LDP. A Jefferson County hardship license attorney can explain the details and guide you through the process.

When you purchase a SR-22 policy, the insurer notifies the DOR and provides proof that the insurance is in place. Some auto insurance companies do not offer SR-22 policies, so your current policy could be cancelled (or not renewed) because it is no longer the policy you need.

Who Isn’t Eligible for a Limited Driving Privilege?

Some convictions and license revocations are so serious that an LDP may not be granted. Which convictions and revocations make a driver ineligible for a limited driving privilege? In Missouri, the reasons why someone may not qualify for an LDP include, but are not limited to:

1. You’ve been convicted, during the last five years, of a felony involving a motor vehicle.
2. Your license was revoked for failing a driving or medical exam required by the DOR.
3. Your license was suspended for an unsatisfied accident judgment or not paying a ticket.
4. Your license was suspended for a DWI conviction.
5. You have an “administrative” alcohol-related license suspension from the DOR.
6. You do not reside, work, or attend school in Missouri.

If your license is suspended for a DWI conviction, you are ineligible for an LDP, but if the conviction is for a misdemeanor – and not for a felony – you may qualify for the Missouri “restricted” driving privilege (RDP) program. Your lawyer will explain what steps to take.

What Are the Other Consequences of DWI Convictions?

A license suspension is only one of the penalties if you are convicted of DWI in Missouri. A DWI conviction in Missouri may also mean fines, jail time, court-ordered installation of an IID, and even court-ordered counseling and treatment. A felony DWI conviction could send you to prison.

Moreover, the consequences of a DWI conviction extend beyond the merely legal ramifications. If you drive for a living or if driving is a big part of your work, you may have trouble keeping your job or finding similar employment. Your auto insurance rates will also go up.

If you hold a professional license, your professional licensing board will probably take disciplinary action after a driving while intoxicated conviction. If you are not a citizen of the United States, a DWI conviction could trigger a deportation proceeding.

Whoever you are, a DWI conviction could cause you to lose the trust and confidence of your friends, loved ones, neighbors, and colleagues – and you’ll have a criminal record with a recent conviction on it.

DWI is dealt with seriously by the police and the courts in Missouri, and if you are charged with DWI, you will require the advice and services of a Jefferson County DWI attorney who will answer your questions, protect your rights, and fight to have the charge reduced or dismissed.

If you’ve had difficulty finding work, finding housing, or receiving public benefits, you may have a criminal record that needs to be expunged. If your criminal record qualifies, you should contact a Jefferson County criminal defense lawyer at once to begin the expungement process.

Criminal convictions can have serious consequences that are arbitrary, unreasonable, and entirely unrelated to any crime or criminal conviction. A misdemeanor conviction for a non-violent crime, for example, could show up in background checks for the rest of your life.

Some of the people who want to expunge a criminal record do not qualify under Missouri law. Yet others who do qualify might not realize they are eligible for expungement. Who can have a criminal record expunged in Missouri? What are the benefits of expungement?

If you’ll keep reading, these questions will be answered, you’ll learn what it takes to expunge a criminal record in Missouri, and you’ll also learn why the advice and guidance of an experienced expungement lawyer to clear your record is essential if you are seeking to have a criminal record expunged.

How Does Expungement Benefit You?

In Missouri, expungement is the process of closing the records of a conviction, a guilty plea, or an arrest so that the record cannot be seen by the public and will not appear on most background checks.

When a criminal record is expunged, only certain parties – such as law enforcement agencies and judges – will be able to access the record. In most cases, expungement let’s you answer “no” when employers ask if you have been convicted of a crime. However, there are exceptions.

Even after expungement, a conviction must be disclosed if you apply for employment with an emergency services provider, a police agency, a bank, credit union, insurance company, or with any employer who is required by law to exclude applicants with criminal convictions.

Which Criminal Records in Missouri Cannot Be Expunged?

As mentioned previously, some of the people who want to expunge a criminal record do not qualify. Records for the following crimes cannot be expunged in Missouri:

• a violent Class A felony
• any dangerous felony or any felony that involved a death
• any crime that may be penalized with mandatory sex offender registration
• driving while intoxicated (DWI)
• domestic assault

There are also some restrictions on expunging driving offenses that involve alcohol and driving offenses that involve persons with commercial drivers licenses.

To Have a Criminal Record Expunged, What’s the First Step?

The first step toward expunging a criminal record is determining if you qualify to have your record expunged. If you do, or if you’re not sure – and before you take any other step – discuss the matter with a Jefferson County expungement attorney.

Missouri law permits the expungement of the arrest and conviction records of many misdemeanors and non-Class A felonies. The waiting periods for having records expunged are:

• for arrest records, three years from the date of the arrest
• for misdemeanor conviction records, three years from the date of the conviction
• for felony conviction records, seven years from the date of the conviction

In Missouri, you may obtain a maximum of two expungements for misdemeanor offenses or ordinance violations and no more than one expungement for a felony offense over a lifetime.

How Are Arrest Records Expunged?

In Missouri, an arrest record may be expunged for either of two reasons:

1. An arrest record may be expunged if a court finds that the arrest was based on “false information.”
2. A non-alcohol-related misdemeanor driving arrest record may be expunged if the charge was dismissed or the defendant was acquitted, provided the defendant was not holding a commercial driver’s license and operating a commercial vehicle when the arrest occurred.

Arrest records may be expunged provided that the individual has no prior or subsequent felony or misdemeanor convictions and there is no pending civil action arising from the incident.

Can DWI Records Be Expunged?

Records related to DWI offenses may be expunged only in these narrow circumstances:

1. The DWI was a first offense.
2. It was a misdemeanor charge or a city or county ordinance violation.
3. Ten or more years have elapsed since the conviction or guilty plea.
4. You haven’t been convicted or charged with a subsequent alcohol-related traffic offense.
5. You weren’t convicted of driving a commercial vehicle while intoxicated.

How is a Criminal Conviction Record Expunged?

If your conviction record is eligible for expungement, your attorney will complete a Petition for Expungement and file it in the county where your case was handled. All agencies with a copy of the record will have a chance to object to your expungement petition.

After your attorney files your expungement petition, those agencies have thirty days to file objections. A court must schedule a hearing within sixty days of receiving an objection, or if there is no objection, within the first thirty days after the thirty-day period for filing objections.

What Does the Court Consider in an Expungement Hearing?

At your expungement hearing, these are the questions that must be answered:

1. Have you met the requirements for having the record expunged?
2. Were you found guilty of any other misdemeanor or felony in the interim time period?
3. Have you satisfied all obligations, like fines, related to the record being expunged?
4. Do you have any criminal charges or other legal matters pending?
5. Have your habits and conduct shown that you are not a threat to public safety?
6. Is your expungement consistent with the public welfare and the interests of justice?

If the court determines that you meet all of these criteria and that you are otherwise eligible to have your criminal record expunged, the court will enter an order of expungement.

What Else Should You Know About Expungement in Missouri?

Missouri juvenile records may be expunged if the individual has reached his or her 18th birthday, and if the court finds that it is in the best interest of the individual that the juvenile record be expunged.

Expungement may restore your right to buy or own a firearm under Missouri law, but your right to buy or own a firearm may still be restricted by federal law.

If you need to have an arrest, plea, or conviction record expunged, the right Jefferson County criminal defense lawyer will determine if you qualify, explain the steps you must take, and guide you through the process. If you qualify, the time to begin the expungement process is now.