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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3765
Experience:  Experienced in state and federal criminal litigation.
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I received a felony charge in 1981, 30 years ago in Missouri.

Resolved Question:

I received a felony charge in 1981, 30 years ago in Missouri. I would like to have this charge off my record because I have to get background checks for things my kids are involved in. I have avoided this so far, but think I need to get this removed, I have no other convictions.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 3 years ago.

TexCrimLawyer, J.D. :

What was your conviction for, what was your sentence, and were you a juvenile at the time?

Customer:

It was for possession. probation was my sentence. I thought this was supposed to go away after the probation period, an SIS?

Customer:

I was 19 years old.

TexCrimLawyer, J.D. :

No, convictions are not automatically expunged. The conviction will still be on your record.

Customer:

So how do i get it expunged?

TexCrimLawyer, J.D. :

A person is eligible for expungement in Missouri if the arrest was based on false information and the following conditions exist:



  1. There is no probable cause to believe the person committed the offense;

  2. No charges will be pursued as a result of the arrest;

  3. The person has no prior or subsequent misdemanor or felony convictions;

  4. The person did not receive a suspended impostion of sentence for the offense; and

  5. No civil action is pending relating to the arrest or records sought to be expunged.

TexCrimLawyer, J.D. :

As such, it appears that under current Missouri law, you aren't eligible for expungement.

Customer:

No. 3 would apply to me.

Customer:

Number 3 would apply to me.

TexCrimLawyer, J.D. :

You have to meet all the requirements, not just one.

Customer:

Really, bummer.

TexCrimLawyer, J.D. :

Yes, notice that at the end of #4 it says "and," not "or."

TexCrimLawyer, J.D. :

I know this is not the answer you were hoping for, but I can only be honest with you about the state of the law.

Customer:

What does suspended imposition of sentence mean? That is an SIS, right?

TexCrimLawyer, J.D. :

That means that the judge witholds imposing the sentence while you are on probation. It does not affect your eligibility for an expungement. However...

TexCrimLawyer, J.D. :

you may want to check the Misourri criminal history website. Often times old convictions don't show up on background checks.

TexCrimLawyer, J.D. :

You can see what's on your criminal history through this website:

TexCrimLawyer, J.D. :

By doing that, you will be able to see what they will or won't find.

TexCrimLawyer, J.D. :

If nothing comes up, you are in the clear.

TexCrimLawyer, J.D. :

If something does, at least you will know what you are dealing with.

Customer:

I did check it on US search and it shows this
















4/3/1981
DescriptionPOS/CS/O35
Case Number441510
Customer:

Maybe I will try your website link

TexCrimLawyer, J.D. :

You should.

TexCrimLawyer, J.D. :

Does that answer all your questions?

Customer:

ok thanks

TexCrimLawyer, J.D. :

If I've answered your questions, please click the "Accept" button. Good luck.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3765
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 4 other Criminal Law Specialists are ready to help you

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