Missouri: Adult Factual Innocence (MO-FI-1)

Records relating to an arrest, charge, or conviction in a case involving stolen or mistaken identity can be expunged by the court immediately. Mo. Rev. Stat. §§575.120, 610.145.

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

At court's discretion

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The person wrongly named as the perpetrator can file a petition in the court where the proceedings took place. A prosecutor or other judicial officer shall notify the court when dismissing charges involving stolen or mistaken identity. For specific procedure, see Mo. Rev. Stat. §§575.120, 610.145.

Fees

There is no fee. Mo. Rev. Stat. §610.145(5).

Effect

A person cannot be held guilty of perjury or making a false statement for failure to acknowledge any expunged records. Mo. Rev. Stat. §610.145(2).

Forms

Forms are available here and here.

Waiting Periods

The petition can be filed anytime after disposition of the case.

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