When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Missouri, expungement is the process by which certain criminal records can be permanently destroyed or deleted, making them inaccessible to courts and other agencies, as well as private entities conducting background checks. Not all criminal records are eligible for expungement in Missouri. Generally, non-violent offenses, municipal offenses, and some alcohol-related driving offenses may be expunged under specific conditions. The eligibility for expungement often depends on the type of crime, the amount of time that has passed since the completion of the sentence, and the individual's criminal history. For example, some offenses may be eligible for expungement if a certain number of years have passed without the individual being convicted of another crime. Missouri law also allows for the expungement of arrest records if the arrest did not lead to a conviction. Juvenile records may be treated differently, with greater opportunities for expungement, especially if the offense occurred before the individual turned 17. It's important to note that expungement does not happen automatically; one must file a petition in court to seek an expungement. The process can be complex, and the assistance of an attorney may be beneficial to navigate the legal requirements.