What Services Does the Clinic Offer?
- Preliminary eligibility screenings
- Representation in expungement proceedings
- Limited assistance for those filing for expungement pro se
- Educational materials on Missouri’s expungement law
- Connecting individuals to re-entry resources
Do You Qualify for the Clinic's Services?
Given their limited resources, the UMKC Expungement Clinic only represents individuals who are:
- Are currently eligible for a Missouri expungement,
- Cannot afford to hire a lawyer, AND
- Are likely to receive a real benefit from obtaining an expungement (meaning an expungement is likely to change ability to find suitable employment, housing, etc.)
Under current Missouri law, to successfully obtain an expungement and get your criminal record “cleared,” you must meet the following 5 requirements:
(1) The offense or offenses on your record that you want expunged are eligible for expungement.
Note: You can check to see if your offense is eligible here.
In Missouri, to file for expungement on your own and without an attorney ("pro se"), you will need to file the following forms in the circuit court of the county where you were found guilty of the offense(s) you seek to expunge:
- Petition for Expungement (required)
- Service Instructions (required)
- Application for Fee Waiver (optional)
- Confidential Case Information Filing Sheets (required in some counties)
Under current Missouri law, there is a LIMIT to the number of records you can get expunged over the course of your lifetime. That limit is:
- ONE felony record + TWO misdemeanor records
BUT there are some exceptions to this limit!
The list below is NOT complete. Only the most common offenses have been included and categorized. If your offense is not on the list and you cannot determine whether it is eligible for expungement or not, you can make a request the offense be added by emailing expungementclinic@umkc.edu.
A
Abuse or Neglect of a Child - Not Eligible
Armed Criminal Action - Not Eligible
Arson (1st or 2nd Degree)- Not Eligible
Arson (3rd Degree)- Eligible
HAS THE LAW CHANGED?
Changes in Missouri's record clearance law are continually happening and may make you become eligible to have your record cleared!
Date of the latest change in the law: August 2021.
Effect of the changes:
- New Offenses Now Eligible for Record Clearance:
- Unlawful use of a weapon, conceal and carry
- Unlawful use of a weapon, exhibiting
- Clean Waiting Period Shortned
- For eligible felonies, the waiting period is now 3 years (down from 7 years)
- For eligible misdemeanors, the clean waiting period is now 1 year (down from 3 years).
If you applied to our clinic and were told you were not eligible to have your record cleared, but you believe based on these changes that you may now be eligible, please reach out to us today! You can call the CMR Clinic at 816-235-1671 or email us at expungementclinic@umkc.edu.
Expungement is Missouri’s way of “clearing a conviction.” When you get an expungement, the court orders that your conviction be hidden from public view. You may apply for expungement by filing an application in the court where you were found guilty. If the court orders an offense to be expunged, you no longer need to disclose it in most circumstances.
Clearing your record removes many barriers that often come with having a criminal record. An expungement gives you more opportunities to obtain jobs, housing, and educational opportunities. Expungement of an offense allows you to answer “NO” on most applications when asked about that offense.
Many but not all criminal convictions can be expunged. Some crimes that are not eligible are Class A felonies, offenses that require registration as a sex offender, most gun crimes, and felonies where death is an element. Most drug crimes can be expunged. We can help you figure out if your offenses are eligible.
The cost of filing a case includes a $250 expungement fee, a filing fee (usually about $115), and service fees (usually about $75). If you cannot afford to pay, you may apply to have the court waive these fees. We can help you with that.
In Missouri, the waiting period to become eligible for an expungement begins when you complete all requirements of your sentence. Misdemeanors require a 1 year waiting period before filing an application. Felonies require a 3-year waiting period.
First, you file an application where you were convicted. After the case is filed, all government agencies that might have your records are served (notified). The Prosecutor has 30 days to object. If there is an objection, there will be a hearing. If there is no objection, the judge will likely hold a hearing. Then, the judge makes a decision.
Once your request is filed, you should have a decision within 6 months.
If you are applying on your own, you will need your case information. See what information you will need at https://www.courts.mo.gov/file.jsp?id=56341. Information about how to find your case is on the “Where Can I Get My Case Information” page. If you obtain a lawyer, your lawyer can help get your records. We can help you with that.
Yes, but Missouri limits the number of convictions that can be expunged. Currently, the lifetime limit is 1 felony and 2 misdemeanors. There are special rules for multiple counts in a single case. We can help you determine what can be expunged.
The CMR Clinic helps clear Missouri records. If your conviction is not in Missouri, we encourage you to check the expungement options in the state where your conviction occurred. Two possible resources are https://www.ncsl.org/research/civil-and-criminal-justice/criminal-records-and-reentry-search-by-state-law.aspx and https://restoration.ccresourcecenter.org/
The Clear My Record team consists of lawyers, coders, and law students who work to help expand access to record clearing services in Missouri. Our individual record clearing services are limited to people who cannot afford a lawyer. If you qualify, you will receive assistance from an attorney and UMKC Law School students working under the supervision of that attorney.
In most cases, expungement is not available for federal convictions. The CMR Clinic can only help with Missouri state crimes and local ordinance violations.
If you have a lawyer, your lawyer will help get your records. The CMR Project does this as well.
If you are seeking an expungement without a lawyer, these are places you may want to try.
Casenet
- Go to https://www.courts.mo.gov/casenet.
- For detailed instructions, click on “Help” in the top left and select “Search Help.” It will take you step by step.
- Not all cases are on Casenet. Older cases and local (muni court) cases often cannot be found on Casenet, but
- It’s good to start there because searches on Casenet are free.
Criminal Records Repository - Missouri State Highway Patrol (MSHP)
(also known as Missouri Automated Criminal History System (MACHS))
If you haven’t found everything you are looking for using Casenet, this is the next place to try.
- There are two kinds of searches – name searches and fingerprint searches. You can access either one here: https://www.machs.mo.gov/MACHSFP/home.html.
- To determine which type of search is best for you (including cost, types of information available, and what information you need to provide), we suggest you read the FAQ’s for each type of search.
- Name search FAQ’s: https://www.machs.mo.gov/MocchWebInterface/faq.html
- Fingerprint search FAQ’s: https://www.machs.mo.gov/MACHSFP/faq.html
- Fingerprint searches tend to be more complete and provide you with both open and closed state records, but are more expensive and require you to go for fingerprinting. In order to do a fingerprint search, you need to contact the MACHS office at (573) 526-6153, option 3 for instructions.
- More information about name searches can be found at https://www.machs.mo.gov/MocchWebInterface/about.html. To order a name search, you need to create an account. You can do that at https://www.machs.mo.gov/MocchWebInterface/pidSearch.html. The cost is $15.25. You will need to pay online with a credit or debit card.
If you can’t find what you need from either of these sources, you may have to contact the Criminal Records Department of the Court where you were convicted directly.