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Back in 1991 and again in 1995 I was charged with a class d…

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Back in 1991 and...

Back in 1991 and again in 1995 I was charged with a class d felony. Both in Davies Count Mo. For the last 27 years I own a ranch, drag strip and am a published author. I would like to have my records expunged if possible.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Missouri

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that my life is going great, and reaching the age of 67 and would like to be free from my past

Submitted: 6 months ago.Category: Criminal Law
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1/4/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,347
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Were you convicted of both felonies? What was the charge?

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Missouri's expungement law was broadened recently and makes it now possible to remove some felonies from their record. Unfortunately, even if the kind of felony that you have is eligible, they will allow for the expungement of only one felony. The new law allows for the expunging of one felony and up to two misdemeanors. So you're not going to be able to clear your whole record unless you can retain a lawyer to reopen one of your old felonies to petition the judge to reduce it first to a misdemeanor.

Judges have the power to do such a reduction, but they have to have a very compelling reason. You may want to talk to a local criminal lawyer to see if this possibility is a viable option. It is not one that you would be likely to succeed with on your own.

Assuming you could get such a reduction, you would then be able to expunge the entire record. Otherwise, as I indicated earlier, you could expunge one felony but not both.

You can read the expungement law of your state here. Subsection 2 will list felonies that are not eligible for expunction and you can see if yours is among them.

You would have to petition the court for the expungement. Subsection 3 of the law lists what would have to be included in the petition. As expungements are discretionary with the court even if you are qualified for them, while no lawyer is necessary for an expungement, your odds will likely be better if a professional prepares and argues the petition.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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