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However, not every crime is eligible for expungement. Nearly every state has laws against expunging major crimes like murder from an offender’s criminal record. In Kansas, there are two separate rules regarding expunction. In one case, an offender was arrested and convicted of a crime. The court usually grants requests based on these criteria:
- Did the police arrest the offender because of mistaken identity?
- Does the court think that expungement is just after the prosecutors dropped the offender’s charges?
- Did the police mistakenly arrest the offender without probable cause?
- Did the court find the offender not guilty after their arrest?
Additionally, some offenders can expunge their arrest records even if the court found them guilty. These situations include:
- Traffic infractions
- Certain non-violent crimes
In Missouri, expungement standards are slightly different. In general, Missouri law assumes that an offender can expunge a crime from their criminal record unless otherwise stated. Some crimes that an offender cannot expunge from their record include:
- Violent Class A felonies
- Sex offenses
- Dangerous felonies
- Drunk driving
- Domestic assault or abuse
Additionally, Missouri residents may file to erase records of their arrests. They can do so if:
- Prosecutors dropped the charges in their case
- The court dismissed the case
- The jury found them not guilty
- The court suspended sentencing
If you’re unsure whether your record is eligible for expungement, a lawyer can help. Attorney Jeff Jarrett can offer sage advice about the facts of your case and help you navigate the expungement process.
Pursue the Justice You Deserve
With a career spanning more than 30 years, attorney Jeff Jarrett has helped clients in need of an expungement or expunction lawyer since 1985. In that time, he has guided countless clients in the Kansas City, MO area through the expungement process. If you’re unsure of how to proceed with your expungement, don’t worry. You don’t need to do this alone. Instead, call Jeff today for a free consultation.