Can I Get My DWI Conviction Expunged in Missouri?

Getting a DWI (Driving While Intoxicated) conviction on your record can be worrying. Many Springfield-area residents wonder if that mistake can be wiped away. The good news is Missouri law does allow a one-time expungement of a first-time DWI conviction under certain conditions. Expungement means the record is sealed from public view – it’s as if the conviction never happened in most situations. However, strict rules apply about who qualifies, when you can file, and how the process works. We’ll break down Missouri’s DWI expungement law in plain English, with a focus on what folks in Springfield and Greene County need to know. (This article is informational; please see the disclaimer at the end and consult an attorney for advice.)

Key Takeaways

• First DWI Only: Missouri allows expungement for a first intoxication-related driving offense (misdemeanor DWI/DUÍ) after 10 years, as long as you have no other alcohol-related offenses on your record. Repeat DWI offenders are not eligible.
• One-Time Opportunity: You only get one DWI expungement in your lifetime. State law permits just a single expungement of this kind, so you can’t wipe multiple DWIs or come back for a second expungement later.
• Not for Commercial Drivers or Felonies: If you held a commercial driver’s license (CDL) or were driving a commercial vehicle at the time of the offense, you cannot expunge that DWI. Also, felony DWIs cannot be expunged – the law only covers first-offense misdemeanor cases.
• Court Petition Required: To clear a DWI conviction, you must file a petition in the court where you were convicted. There’s a $250 filing surcharge (which a judge may waive for the indigent.) A hearing will be set; the prosecutor and agencies involved can object within 30 days, and usually a hearing occurs within ~60 days if there’s an objection.
• Effects of Expungement: Once expunged, the DWI won’t show up on standard background checks for jobs or housing. Legally, you can even deny the conviction in most situations. However, some government agencies and licensing boards may still see or require you to disclose the expunged offense (for example, if you apply for law enforcement or certain professional licenses.) Law enforcement generally cannot access the sealed record without a court order.

Who Qualifies for a DWI Expungement in Missouri?

Missouri’s DWI expungement law (found in Missouri Revised Statutes §610.130) lays out strict eligibility rules. In simple terms, only first-time offenders with a long clean record qualify. Here are the major requirements to know:

• First and Only DWI: The expungement is limited to your first intoxication-related offense on the road (this includes intoxicated driving or boating). You cannot have any other DWI/DUI or alcohol-related driving convictions on your record, either before or since. If you have multiple DWIs, expungement isn’t an option. It truly is a one-time “second chance” for first offenders.
• Misdemeanor Conviction or Guilty Plea: The DWI must have been a misdemeanor or municipal ordinance violation, not a felony. In Missouri, a first-offense DWI is usually a Class B misdemeanor. If someone was hurt or it was your second offense (which can be a felony), those serious cases cannot be expunged under this law. Also, if you have any felony on your record where a death or serious injury occurred, those are not expungable under the general expungement statute – but the DWI-specific law wouldn’t cover a felony DWI at all.
• 10-Year Waiting Period: Missouri imposes a waiting period of at least ten (10) years from the date of your conviction or guilty plea before you can apply. In practice, this means a full decade must pass without any other intoxication-related offenses in that time. The clock starts from the date you were convicted or pled guilty (usually the sentencing date). You must also have completed all aspects of your sentence by then – for example, finished any probation, paid all fines and court costs, and satisfied any alcohol education programs. Essentially, you need to show a clean record and responsible behavior in the ten years following the DWI.
• No Other Alcohol Offenses or Pending Charges: To qualify, you cannot have any other intoxication-related traffic offenses (like another DWI or a BWI – boating while intoxicated) on your record since the first one. You also must not have any pending charges for any such offense at the time you apply. In other words, your DWI must be an isolated incident in your past. If you picked up another alcohol-driving offense in the meantime, the law bars you from expungement.
• Not a Commercial Driver at Offense: Importantly, commercial drivers are excluded. If you held a Commercial Driver’s License (CDL) or were required to have one, and the DWI occurred in a commercial motor vehicle, you are not eligible for expungement. Missouri law specifically carves out that exception. For example, a truck driver who got a DWI while driving their rig cannot later expunge that record. Even if you have a CDL but were driving your personal vehicle at the time, it’s likely not expungeable – the statute says it “shall not apply” to anyone issued a CDL or required to have one. This is a critical limitation for professional drivers.
• Suspended Imposition of Sentence (SIS) cases: What if you pleaded guilty and received an SIS (suspended imposition of sentence) for your DWI? In Missouri, an SIS means no formal conviction is entered if you complete probation, and the case file becomes closed to public view under §610.105. However, an SIS still counts as your first offense for expungement purposes because you did plead guilty. The expungement statute covers anyone who “has pleaded guilty or has been convicted.” So, you must wait 10 years from the date of your plea, just like a conviction. The benefit is that your record might already be closed to the public, but expungement can seal it completely and allow you to deny it ever happened (with very limited exceptions). In short, having an SIS doesn’t let you skip the waiting period or other requirements – it’s treated similarly to a conviction in this context.
• Other Crimes: Aside from the DWI-specific law, Missouri’s broader expungement law (§610.140) lists many offenses that are ineligible for expungement (like Class A felonies, dangerous felonies, certain assaults, sex offenses, etc.) While first-time DWI is handled under the separate §610.130 statute, it’s worth noting that if your record includes any serious convictions (unrelated to DWI) such as violent felonies, those cannot be expunged and could potentially complicate your petition. But generally, the presence of other non-DWI convictions doesn’t bar you from expunging the DWI as long as those other crimes are not disqualifying under the law. You would just have to list them (if you wanted them expunged) under the general statute separately. Missouri does limit the number of expungements you can get in a lifetime under the general law (e.g. no more than one felony and two misdemeanors total, but the DWI expungement granted under §610.130 is separate. Still, as a practical matter, you cannot have already used an expungement on another offense and then seek one for DWI – the law effectively gives you one expungement chance for DWI and a limited number overall. If you’ve expunged something else already, talk to an attorney about how that affects a potential DWI expungement.

In summary, if you’re a one-time DWI offender who has been clean for 10+ years, and you weren’t driving commercially, you stand a good chance of meeting the basic eligibility. On the other hand, if any of the above exclusions apply, Missouri courts will have to deny your expungement by law. Eligibility is the first (and biggest) hurdle – if you clear that, then it comes down to following the correct procedure.

How Does the DWI Expungement Process Work in Missouri?

Assuming you are eligible, expunging a DWI conviction involves several procedural steps. It’s not automatic – you have to be proactive and file a case in court. Here’s an overview of the process, with some practical pointers especially for Greene County (Springfield) residents:

1. Prepare a Petition in the Right Court: You must file a Petition for Expungement in the circuit court of the county where you were charged or convicted of the DWI. For example, if Springfield Police arrested you and you were convicted in Greene County Circuit Court, that same Greene County Circuit Court (at the courthouse in Springfield) is where you file your petition. If your DWI was in a neighboring county like Christian or Webster, you’d file in that county’s circuit court. Each county’s circuit clerk typically has forms or can guide you on filing; Missouri’s courts also provide standard expungement petition forms. In Greene County, you can obtain expungement forms through the Circuit Clerk’s office or the Missouri Courts website. Attorneys file these petitions electronically, but if you’re filing on your own (pro se), you can file paper forms with the Clerk’s office at the courthouse (the Greene County Judicial Courts Facility in downtown Springfield).

• • What to include: The petition will ask for information about you (name, address, driver’s license number, etc.) and details of the offense. You’ll need to list the case number, the date of your arrest/conviction, the charge (e.g. DWI), and the county/court of the conviction. Essentially, you’re telling the court exactly which record you want expunged. It’s critical to list all offenses you wish to expunge in that petition; you can include multiple offenses if they were part of the same incident or series, but for a DWI usually it’s just that one case. You also must affirm in the petition that you meet all the criteria (first offense, 10 years passed, etc.) – by signing, you swear that to the best of your knowledge you are eligible.
  • Defendants/Respondents: Unlike a typical case where you sue one person, an expungement is essentially a lawsuit against the record-holders. Missouri law requires you to name as defendants all the agencies and officials who have your records of DWI. This usually includes the law enforcement agency that arrested you (e.g. Springfield Police Department or Missouri State Highway Patrol), the court where the case was handled, the prosecutor’s office that prosecuted you (e.g. the Greene County Prosecuting Attorney), and the central state criminal records repository (which in Missouri is the Missouri State Highway Patrol’s Records Division). If you were on probation or the Department of Corrections was involved, or the Department of Revenue (for your driver’s license records), those might be listed too. In Greene County, a typical DWI case might mean your defendants are: State of Missouri (MSHP records), Greene County Prosecutor, Springfield Police (or other arresting agency), Greene County Circuit Court, and Missouri Dept. of Revenue (since DOR maintains driving records). It’s important to include all relevant parties so that the expungement order, if granted, will reach all the places your DWI is recorded. Don’t worry – this doesn’t mean these agencies are going to fight you like a normal lawsuit defendant, but they do have to be formally notified.

2. Filing Fees and Surcharge: When you file your petition, there is a $250 surcharge for expungement cases under Missouri law. This is essentially a special filing fee. In addition, there may be ordinary civil court filing fees (which can be around $100) and costs for serving each defendant (some courts charge roughly $10 per entity for service by certified mail). In practice, many people report the total cost to file is around $250–$300. If you cannot afford the fees, you can file a motion to have fees waived as a poor person (indigent), and the judge can waive the $250 surcharge and other costs. The Missouri Bar notes that judges may waive the fee if you’re indigent and unable to pay. So cost shouldn’t deter you – relief is available if needed. (Note: If you hire an attorney, you’ll have to account for attorney’s fees as well, but here we’re talking about court costs.)
3. Serving the Defendants: After filing the petition, you must ensure that all the parties you named are officially served with a copy of your petition and a summons. This is a crucial step – every agency or official holding your record needs to receive notice. In Greene County (and most Missouri courts), the Circuit Clerk can handle service by certified mail to those agencies if you request it and pay a fee (around $10 per agency). This is usually easiest. They will mail out the summons and petition to, say, the MSHP in Jefferson City, the local police department, etc., via certified mail. If you got a fee waiver, the court may also waive these mailing fees. Alternatively, you (or your attorney) can arrange service — some people have a sheriff or process server deliver the papers, or send by certified mail themselves. The key is to get proof of service for each party. If any party is not served, the expungement order will not bind them, meaning that agency could legally keep reporting your DWI. Example: If you forget to serve the Missouri State Highway Patrol, the Patrol would have no obligation to remove your record from their criminal history database. Common pitfall: Missing a defendant can derail your expungement’s effectiveness, so double-check that everyone who might have a record (arresting agency, highway patrol, prosecutor, court, DOR, etc.) is listed and served. Courts often provide a “Service Instructions” form to help list addresses for each respondent.
4. Objections and Hearing: Once all parties are served, they have the opportunity to object to your request. The law gives the prosecuting attorney (and any other named defendants) 30 days to file an objection after they receive your petition. In many first-time DWI cases, prosecutors do not object if the person clearly meets the criteria – but it can vary. If an objection is filed (for example, a prosecutor believes you aren’t actually eligible or has some public safety concern), the court will hold a hearing to decide. Even if no one objects, sometimes a hearing is still held, or the judge may decide based on the petition. Missouri law states that if no objections are filed in 30 days, the court may set a hearing on its own within 60 days after all have been served. If an objection is filed, the court shall hold a hearing within 60 days of that objection.

• • In Greene County, once your petition is filed and everyone is served, you will likely get a court date scheduled. Expect the hearing to be a month or two out. At the hearing, you (and your attorney, if you have one) will appear before a judge. The judge will review the petition and any evidence or objections. You need to be prepared to demonstrate that you meet all the requirements: e.g., it’s your first DWI, it’s been over 10 years, you’ve had no other incidents, and expungement would be consistent with the public welfare. In practice, if you truly meet the statute’s requirements, the hearing is usually straightforward. You might testify briefly or answer a few questions. If a prosecutor or law enforcement representative attends, they could present any reason they think expungement should not be granted (maybe questioning your eligibility or arguing you’re a risk to public safety). However, for an undisputed first-time offender who’s been law-abiding for a decade, objections are uncommon in many jurisdictions. The law even creates a presumption in favor of expungement if you meet the basic criteria – meaning the court leans toward granting it unless there’s evidence it shouldn’t.
  • Criteria at the hearing: By law, the judge may consider factors like whether you’ve had any other convictions (the statute specifies no other misdemeanors or felonies in the past 3 years for a misdemeanor expungement, aside from traffic infractions), that you’ve paid all fines and restitution, that you don’t have any pending charges, and that your habits and conduct show you’re not a threat to public safety. Essentially, the court wants to see that you’ve turned things around and that erasing this DWI is not contrary to the public interest. For a single decade-old misdemeanor DWI with no other incidents, this is usually met. The law states the expungement should be granted if the criteria are satisfied and it’s consistent with the public welfare.

5. The Expungement Order: If the judge is satisfied, they will issue an Order of Expungement. This court order will be sent to all the agencies you listed (hence why listing and serving them was so important). The order commands those agencies to destroy or seal their records of your arrest, charge, conviction, and related proceedings. In effect, it wipes the slate clean for that incident. In Missouri, once expunged, “the records and files… shall be confidential and only available to the parties or by order of the court for good cause shown,” and you are legally restored to the status you had before the arrest or conviction, as if it never happened. The judge’s order typically also directs the Missouri Highway Patrol to update the central state criminal history repository and the Department of Revenue to update your driving record accordingly.

• • How long until it’s off my record? After the order is signed, it can take a few weeks for all agencies to update their files. The court will send copies of the order to each defendant (or you may be instructed to deliver them). The Missouri State Highway Patrol, for instance, will update the state criminal records. They are also supposed to request the FBI remove the record from federal databases, though the FBI isn’t bound by state law (more on that later). You should order a copy of your criminal record or driving record a couple of months after to verify the DWI is gone. If not, follow up with the agency.
• Timeline: From start to finish, a DWI expungement in Missouri typically takes a few months. By law the court should issue a final order within 6 months of filing in expungement cases. In many cases in Greene County, it might be 2–4 months. However, if there are difficulties (e.g., trouble serving an agency, scheduling issues, or if the case is very old and records must be found), it could take longer. Some attorneys note it can take up to a year in rare instances to get everything finalized. Patience is key, but compared to the 10-year wait you’ve already done, a few more months is manageable for most.

6. After Expungement – Compliance: Once your DWI is expunged, Missouri law provides powerful protections. You can legally state that you have not been convicted of that offense on job applications and elsewhere, without fear of perjury or false statement charges. All the agencies are expected to treat the record as confidential. If any agency or person who was supposed to expunge the record willfully fails to and then discloses it, they could be subject to criminal penalties (Missouri law makes it a misdemeanor for an official to release expunged records improperly). This gives the order some teeth – your record should truly be cleared in Missouri’s databases.

In summary, the process requires filing a case and following through with service and a hearing. It’s highly recommended to have an attorney’s help, because an experienced Missouri expungement attorney will ensure all the boxes are checked – the correct agencies are named and served, the petition is properly drafted, etc. As one Springfield lawyer notes, the process is “complicated” and requires serving multiple parties and potentially arguing in court, so having guidance can make a difference. However, if you cannot afford a lawyer, you can still pursue it pro se using the state-provided forms and perhaps resources like Legal Services or clinics for assistance. Just be very meticulous about the details.

What an Expungement Does – and Doesn’t Do

The goal of expungement is to give you a fresh start, but it’s not absolute magic. Let’s clarify the effect of an expunged DWI record and some limitations:

• Sealing vs. Erasing: In Missouri, expungement essentially seals the records from public access. The records are not literally destroyed in all cases (some might be destroyed, others just marked as expunged/closed), but they become confidential. Employers, landlords, or the general public doing background checks will not see an expunged DWI. It will no longer show up on the standard background reports or Casenet (the Missouri online court records). To the outside world, it’s like the DWI never happened.
• Legal Honesty: Once expunged, Missouri law specifically allows you to deny the arrest/conviction in most scenarios. For example, if a job application asks “Have you ever been convicted of a crime?” you can confidently answer “No” for the expunged DWI. You won’t be guilty of lying or perjury by failing to disclose it. The expungement law says you cannot be held under any provision of law to be guilty of perjury or giving a false statement for not acknowledging or disclosing the expunged offense. This relief is one of the main benefits – it lets you move on without that record haunting you.
• Exceptions – When You Must Disclose: There are a few important exceptions where you do have to reveal an expunged offense. Missouri law (Section 610.140.9) lists certain applications and proceedings that still require disclosure of expunged crimes. These typically include: applications for professional licenses or certificates issued by the state (for example, applying to be a nurse, lawyer, or teacher may require disclosure of expunged offenses); applications to join law enforcement or a police academy; and if you are testifying as a witness in a court (if directly asked about prior convictions, an expunged conviction can be treated in specific ways). Another example is if you apply for a job that requires a federal security clearance or to work in a sensitive government position – expunged records might need to be disclosed. In general, standard private employment does not fall under these exceptions – so most jobs, you do not have to mention it. But if you pursue certain careers (law enforcement, judiciary, some government jobs, or any job requiring high-level background checks), be aware you’ll need to disclose the expunged DWI and it can be considered. Always read the fine print on any application that asks about expunged records.
• Law Enforcement and Courts: After expungement, Missouri law enforcement and courts do not have routine access to the record. It becomes a closed record. However, note that the Director of Revenue (who handles driver licensing) will keep a record internally to ensure that the one-time expungement limit is enforced. This is basically to prevent someone from trying to expunge a second DWI down the road. That record is not public and is only used to flag that an expungement was previously granted. Generally, a police officer who runs your name will not see the expunged conviction in the Missouri state systems. If you were to get pulled over, it shouldn’t show up. If, say, you later got another DWI (let’s hope not!), the expunged one should not count as a prior conviction for enhancing charges, because legally you were restored to no-conviction status for that offense. (Enhancement for repeat DWI in Missouri considers prior “convictions,” and an expunged conviction is as if it never occurred for that purpose.)
• Federal Records: One caveat – federal databases might not always honor state expungements. When your expungement is granted, the Missouri State Highway Patrol is supposed to notify the FBI to update its records. The FBI maintains the National Crime Information Center (NCIC) records. In many cases, the FBI will mark the offense as expunged or remove it, but Missouri courts cannot force the FBI to act because it’s a federal entity. Most of the time, an expunged misdemeanor won’t be a big issue federally, but theoretically, if you had fingerprints taken and a FBI record created, an expungement might not fully delete that. This mainly matters if you go through a federal background check (e.g., military, federal employment). The majority of people won’t run into this problem, but it’s good to know that expungement’s effect is strongest at the state level.
• Driving Record: A DWI conviction also appears on your Missouri driver’s record and is used for license point purposes. An expungement should cause the Department of Revenue to remove the conviction from your driving record as well. This can be significant for employment (like if you need a clean driving record for a job). Keep in mind, any license suspensions or revocations you served won’t be refunded or undone – expungement doesn’t rewind time, it just clears the record going forward. But insurance companies and employers will no longer see that DWI on your driving abstract once it’s expunged.
• Firearm Rights: A first-time DWI misdemeanor conviction typically does not restrict your firearm rights (those restrictions usually apply to felonies or certain domestic violence misdemeanors). Since you likely never lost gun rights, expungement doesn’t have a specific “restoration” role here as it might in other cases. If someone did have a conviction that affected gun rights (e.g., a felony or domestic assault misdemeanor), Missouri expungement would not remove federal firearm prohibitions in any event. For DWI, this is generally a non-issue, but it’s worth noting that expungement does not trump federal law. So, if hypothetically a conviction had made you a prohibited firearms person under federal law, even Missouri expunging it wouldn’t clear that federal ban. Again, for a standard DWI misdemeanor this doesn’t come into play.
• Personal Reputation and Records: Expungement won’t automatically remove news articles or Google results about your case if any exist. It only covers official records. If your case was in the news, those articles may still be out there (you could try requesting they be removed or updated, but that’s outside the legal process). The main focus is your legal and government records.

Overall, a DWI expungement offers significant relief. It lets you truthfully say you have no conviction, frees you from the stigma on background checks, and ensures Missouri authorities treat you as someone with a clean slate. Just remember that a few specific situations still require honesty about the past, and that it’s a one-time opportunity that Missouri has provided to deserving individuals.

Common Mistakes and Pitfalls in the Expungement Process

Seeking to expunge a DWI in Missouri involves a lot of details. Here are some common pitfalls that trip people up (and how to avoid them):

• Filing Too Early: A very common mistake is trying to apply for expungement before the 10-year waiting period is fully up. Missouri’s 10-year wait is firm – if you file even a few months early, the petition will be denied. Mark your dates carefully. The clock usually starts from the date of your plea or conviction (not the arrest). Make sure at least 10 years (to the day) have passed. If you’re not sure, check the date on your court judgment or contact the clerk.
• Not Meeting Eligibility (Undisclosed Offenses): Some applicants overlook that any other intoxication-related offense on their record disqualifies them. For example, maybe you had a prior guilty plea to a Minor in Possession (MIP) or an administrative license suspension for refusing a breath test – be sure to check with an attorney if such things could count. Generally, the law is concerned with intoxication-related traffic or boating offenses (DWIs, BWI, etc.). Ensure that the DWI truly was your first and only. If you had a prior diversion or SIS for a DWI in another state, mention this to a lawyer; it might still count as a prior offense even if not a conviction, which could bar expungement. Don’t invest time and money if you suspect you might not qualify – double-check your record.
• Commercial Driver Status: As noted, if you had a CDL at the time, don’t waste effort applying – the court cannot legally expunge the record for CDL holders. This is a pitfall for truck drivers who may not realize the exception. The petition form even asks if you had a commercial license; if you check “yes,” the court will reject it. Save yourself the trouble if that’s your situation.
• Incomplete Petition or Missing Information: Little mistakes on the paperwork can cause delays or dismissal. Common errors include: failing to list all required info (case numbers, dates, county, etc.), spelling your name or date of birth incorrectly, or not signing the petition. Take your time filling out the forms. If the court requires a separate confidential information sheet (for your personal identifiers), make sure to include that if needed. In Greene County, the clerk might help ensure your packet is complete, but ultimately it’s your responsibility.
• Not Serving All Parties: This bears repeating – every relevant agency must be served. One of the biggest pitfalls is when people don’t properly serve one of the defendants (for example, they forget to have the Highway Patrol served, or they didn’t realize they needed to include the Department of Revenue for a driving record). If an agency isn’t served, the expungement order won’t bind them, and your record may live on in that database. To avoid this, carefully identify all parties and follow up. If you use certified mail via the clerk, ask for confirmation that each green card (return receipt) came back. If you do it yourself, keep proof of delivery and file it with the court. Missing service is a technicality that can derail an otherwise good case.
• Failing to Appear or Prepare for Hearing: Occasionally, people think expungement is just paperwork and don’t show up to the hearing, resulting in a denial. Unless the court tells you no hearing is needed, be sure to attend your scheduled court date. Dress neatly and be ready to briefly explain why you’re entitled to expungement (e.g., “Your Honor, this was my only offense, it’s been over 10 years, I’ve had no other trouble, I’ve completed all requirements, and I’m just looking for better opportunities without this on my record.”). If you have evidence of rehabilitation (like proof of counseling, reference letters, steady employment), you can bring it, though many DWI expungements won’t require extensive evidence since the statute’s criteria are straightforward. Still, be prepared to answer any questions the judge might ask.
• Expecting Instant Results: After the hearing, don’t expect the record to vanish overnight. It takes some weeks for agencies to update things. A pitfall is not following up. Mark your calendar for about 2–3 months post-order to run a background check on yourself or get a copy of your Missouri criminal record (and driving record) to ensure the DWI is gone. If not, you might need to send certified copies of the order to any straggling agency or inform the court. Most of the time it works smoothly, but trust, then verify.
• Assuming Expunged = Immunity: Finally, remember that expungement is a fresh start, not a license to re-offend. If you were to get another DWI after expunging the first, that new charge could be treated as a first offense in terms of charge level, but judges and prosecutors might not look kindly on the fact that you had a prior expunged offense. Plus, you would not be eligible to expunge the new one. Some people mistakenly think an expunged offense can never be mentioned – but if, for instance, you got in trouble again, the prosecutor might seek to admit the expunged offense in court (with a judge’s permission) to show a pattern, or at least they’ll know about it via internal records. Bottom line: enjoy your clean slate, and do your utmost to keep it clean.

Frequently Asked Questions (FAQs)

Q: How long do I have to wait to expunge a DWI conviction in Missouri?
A: You must wait at least 10 years from the date you pleaded guilty or were convicted of the DWI before you can apply for expungement. During that 10-year period, you must stay out of trouble – no other intoxication-related offenses and no other convictions. The clock starts after your DWI case’s disposition (and you need to have completed any probation or sentence). If you were convicted 9 years ago, you’ll need to wait until the 10th anniversary to file.

Q: Can I get a second DWI expunged or only my first one?
A: Missouri only allows expungement for a first DWI offense. You cannot expunge a second or subsequent DWI conviction. In fact, the law specifically says one expungement per person for an intoxication-related traffic offense. If you have two DWI convictions, unfortunately neither would be eligible because you’re not a one-time offender. Likewise, you can’t expunge a DWI if you’ve already used up your one-time DWI expungement earlier in life. It’s truly a once-in-a-lifetime opportunity.

Q: How much does it cost to file for a DWI expungement in Missouri?
A: The filing requires a $250 surcharge by law, plus ordinary court filing fees which vary (often around $100) and possibly service fees for mailing the petition to the agencies (maybe $10 per agency). In total, many people pay roughly $250 to $300 in costs. If you cannot afford that, you can petition the court to waive the fees due to indigence. The judge has discretion to waive the $250 surcharge and other costs if you have low income. Attorney fees, if you hire a lawyer, are separate – those can range from a few hundred to over a thousand dollars depending on the case, but some lawyers offer payment plans or flat fees for expungements. Keep in mind, if you’re eligible, the investment can be well worth the opportunities a clean record provides.

Q: Do I need a lawyer to expunge my DWI, or can I do it myself?
A: You are allowed to file for expungement pro se (on your own) – there’s no requirement to have a lawyer. Missouri provides standard forms and guides to help individuals. However, hiring an experienced expungement attorney is strongly recommended, especially if you are not comfortable with legal procedures. An attorney will ensure all the right agencies are named and served (a common point of error), handle the court filings, and represent you at the hearing. This can greatly reduce the chance of a mistake causing delay or denial. That said, if cost is an issue, you can and should attempt it on your own rather than not at all. Just be diligent with the details – many free resources (like Legal Services of Missouri’s expungement clinics or online guides) are available to help. In Greene County, there may be local legal clinics that assist with expungements periodically.

Q: What if I was arrested for DWI but never convicted? Can I get that off my record?
A: If you were arrested and the charges were dropped or you were acquitted, Missouri law does provide a way to expunge arrest records in some cases – but it’s not easy, and there’s a big exception for intoxication-related offenses. Under Missouri’s arrest expungement statute (§610.122), you’d have to prove that the arrest was based on false information and that there was no probable cause to believe you committed the offense, among other things. This essentially means you have to show you were actually innocent of the DWI. Additionally, if any charge was filed, you’re generally not eligible under that statute unless it was a very minor offense or the arrest was for something like a traffic violation not involving intoxication. Notably, the law explicitly excludes expunging arrest records for intoxication-related traffic offenses if they were later dismissed or you were found not guilty – in those cases, you unfortunately don’t get the benefit of the easier expungement unless you meet the “false information/no probable cause” standard. In short, arrest-only DWI records are hard to expunge. The better news is that if you got an SIS and completed probation, that record is closed to public view (so most employers won’t see it). And if the DWI truly never resulted in a charge, it likely won’t show on a standard background check aside from possibly the arrest record. You can consult an attorney about filing a special petition to expunge the arrest, but be aware the burden is high (proving a negative, essentially).

Q: Will an expunged DWI show up on a background check or to police?
A: For most private background checks, an expunged DWI will not show up. Employers running a criminal history search through Missouri databases or commercial vendors will not see the expunged conviction – it’s as if it’s gone. Missouri’s courts and state agencies will not release information about the expunged case to the public. On a standard driving record request, it should also no longer appear. However, law enforcement and certain government agencies might still access the information in limited circumstances. Generally, local police won’t see an expunged conviction during a routine traffic stop. But if you apply to become a police officer, or for a job with a sensitive government agency, the expunged record might be revealed during their vetting (and you’re expected to disclose it in those situations). Also, the FBI may have a record of the arrest/conviction from when it originally happened; if they haven’t removed it, a federal background check could conceivably flag it, though it should note that it was expunged. These scenarios are specialized – 95% of the time, for jobs, housing, school, etc., an expunged record will not appear and you can move forward with a clean slate.

Local Help in Springfield, MO – We’re Here for You

If you’re in Springfield, Greene County, or surrounding areas and wonder whether you can clear a DWI or other criminal record, we can help. At The Law Office of Chad G. Mann, LLC, we guide clients through the Missouri expungement process from start to finish – from checking your eligibility to filing the petition and representing you in court. We know the local Greene County courts and what judges look for in expungement cases. Contact us at (417) 842-8679 to schedule a consultation. We’ll review your case, answer your questions, and help you take the next step toward a fresh start. You can also reach out via our online contact form or visit our Springfield office to learn more about our expungement services. Let us put our experience to work so you can move forward with peace of mind.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified attorney to discuss your specific circumstances and legal options.