Missouri: Adult Non-Conviction Arrests (MO-NC-3)

Records of arrest for a misdemeanor motor vehicle offense under chapter 303 or any moving violation, except intoxication-related traffic offenses, can be expunged if the charge was nolle prossed, dismissed, or resulted in a finding of not guilty, so long as the person was not a commercial driver's license holder operating a commercial motor vehicle at the time of the arrest and has no misdemeanor or felony convictions. Mo. Rev. Stat. § 610.122(2).

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to misdemeanor moving violations that do not involve intoxication. R.S.Mo. § 610.122(1)(2).

Procedure General

The petition must be filed in the civil division of the circuit court in the county where the arrest occurred. For the specific procedure, see Mo. Rev. Stat. § 610.123.

Fees

There is no statutory language regarding fees.

Effect

The records are destroyed or blacked out. Mo. Rev. Stat. § 610.124. Knowingly failing to comply with an expungement order is a class B misdemeanor. Using arrest information from an expunged record for financial gain is a class E felony. Mo. Rev. Stat. § 610.125.

Waiting Periods

There is no statutory language regarding a waiting period.

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