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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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My name is Matthew Hill, and i need assistance in getting expungement

Resolved Question:

My name isXXXXX and i need assistance in getting expungement settle in missouri quickly ...Is that possible. Ive been convicted 12 years ago of distributionof a controlled substance..5 years probation, no finds, and no fractions since 1997.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.
Was the conviction in Missouri or in NJ?
Customer: replied 7 years ago.
missouri, 12 years ago.
Expert:  LawTalk replied 7 years ago.
Are you going to stay on line?
Customer: replied 7 years ago.
for 35 minutes
Expert:  LawTalk replied 7 years ago.
Good afternoon Matthew,

I'm sorry to hear of your dilemma.

While I strive to give you an accurate and applicable answer to your question, and if I can possibly suggest an avenue by which you might have a successful legal outcome I will, I don’t have the ability to provide you with favorable law if it doesn't exist. As you read my answer to your question, I ask you to please don't shoot the messenger.


I'm afraid that the State of Missouri only allows expungement of convictions under very limited circumstances---basically that you were wrongfully convicted.

Your arrest must have been based on false information and the following conditions exist:

(1) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
(5) No civil action is pending relating to the arrest or the records sought to be expunged. RSMo §§ 610.122 to 610.126.

 

To establish that the arrest was based on "false information" the petitioner in most cases must prove that the alleged victim - who knew the petitioner and on whose accusation his arrest was based - had falsely accused the petitioner. Martinez v. State, 24 S.W.3d 10, 20 (Mo. App. 2000). In all cases, the petitioner must prove that some or all of the information upon which the police relied to arrest the petitioner is simply a lie.

Under your circumstances, you will have to apply to the Governor of the State of Missouri for a Pardon. If you can obtain a Pardon you can get the court to seal the records.

I wish you well in 2020.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

Customer: replied 7 years ago.

Hey Doug, thanks for having a conversation with the almighty about me still being around in 2020, as you wished me well. im sure you ment 2010. One last question? To your knowledge do you have any idea how long that process takes... Pardon process?

 

thanks, matt

Expert:  LawTalk replied 7 years ago.
Good afternoon,

LOL I did indeed mean 2010. You got me there. Foot in mouth

Here is a site which discusses the ins and outs of pardons and clemency in Missouri. I hope that it helps you.

http://doc.mo.gov/ExecClem.php



I wish you the best in your future, however long that might be.


Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

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