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.