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)
- Not all offenses are eligible for expungement. We recommend reviewing this list before proceeding pro se: Common Offense Eligibility Look Up List.
- There is a limit to how many offenses you can get expunged from your Missouri criminal record over the course of your lifetime. Currently the limit is one felony record and two misdemeanor records. There are some exceptions to this limit. To learn more review Missouri's Expungement Limits and Exceptions.
FORMS NEEDED TO FILE FOR EXPUNGEMENT PRO SE IN MISSOURI:
1. Petition for Expungement (required)
- Identify all of your "Respondents/Defendants" by check-marking the appropriate boxes of the expungement petition form (link below). An expungement case is a lawsuit against the state agencies that hold official copies of your record and report it out. An expungement case seeks to force those state agencies to close your records and stop reporting them. That being so, you must identify all the Missouri state agencies you believe may possess copies of your record as the Respondents in your case.
- Your Respondents/Defendants will likely include: (1) The Missouri State Highway Patrol Records Repository, (2) the agency that arrested you (ex: Lee's Summit Police Department, Jackson County Sheriff's Office); (3) the agency that prosecuted you (ex: Jackson County Prosecuting Attorney), and (4) the court that convicted you (ex: Jackson County Circuit Court). Additionally if you were sentenced to DOC supervision or incarceration, you should also write in and check-mark (5) the Missouri Department of Corrections, and if your offense involved operating a motor vehicle, also check-mark (6) the Missouri Department of Revenue.
- Confirm that you meet the requirements outlined as #1-7 in the Petition. By signing and filing the Petition, you are swearing under the penalty of perjury that to the best of your belief, knowledge, and information you meet the requirements listed in #1-7.
- Fill in your personal information.
- Fill in the case information for the record(s) you seek to expunge.
- If you are unsure of any specifics, try looking up your case at: https://www.courts.mo.gov/cnet/welcome.do.
- If you still cannot find your case information, try calling the court and requesting your record.
- If that doesn't work either, you can pay to get a name report or a fingerprint report from the Missouri State Highway Patrol at https://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html.
- Note: You must file your Petition for Expungement in the CIRCUIT COURT of the COUNTY where you were found guilty of the offense(s) you seek to expunge.
2. Service Instructions (required)
- You must "serve" your Petition for Expungement and a Summons (provided by the court upon filing your Petition) on all Missouri state agencies that maintain and report out your Missouri criminal record(s). These should be the same state agencies you identified as Respondents/Defendants in your Petition. If an agency is not served, they will not be obligated to close your record and can continue to report it out.
- Your service instructions should also specify a method for service to be completed. We recommend electing for Service by Certified Mail to Be Completed by the Court, if such an option is available in your filing court. Typically the Court will charge around $10 per respondent, unless you are granted a fee-waiver, in which case you will not be charged.
- You can also complete service yourself. After filing your petition, ask the Court for "summons" for each of your Respondents. Mail each respondent a summons and a copy of your expungement petition. We recommend doing this by certified mail so you can verify to the Court that all of your agencies were properly served and that any Order of Expungement entered will be effective against them. When you receive the return receipts in the mail, take them to the court to have them filed in your case.
3. Application for a Fee Waiver (optional)
- Filing for expungement typically costs around $400 ($250 surcharge fee + ~$100 court filing fee + ~$50 service fees).
- If you cannot afford these fees, you should file an application for a fee-waiver or a "Motion and Affidavit in Support of Request to Proceed As a Poor Person." If the Court grants your application/motion, you should not have to pay any costs associated with the case.
4. Confidential Case Informational Filing Sheets (required in some counties)
- Some counties will fill these sheets out for you. If your county requires you to fill it out, you will largely use the same information that you included in your service instructions for your Respondents. Be sure to also include your own information and reflect that you are the Petitioner in the case.
If you are ready to file pro se for expungement in Missouri, download the necessary forms here: