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Understanding Expungement and Sealing for DWI Records in Missouri
In Missouri, many people with a DWI (Driving While Intoxicated) on their record eventually ask whether that record can be expunged or sealed. This question usually comes up years after the case is over, when the long-term effects of having a DWI on file begin to matter more in everyday life. Employment background checks, housing applications, insurance reviews, and professional licensing can all bring old records back into focus.
This article provides a clear, educational explanation of how expungement works for DWI offenses in Missouri and whether sealing is an option. It is not legal advice and does not suggest what someone should do in a specific situation. Instead, it explains how Missouri law treats DWI records and what the law allows in limited circumstances.
Missouri does not automatically remove or hide DWI records. In most cases, a DWI remains visible for many years and sometimes permanently. However, Missouri law does allow expungement for certain first-time DWI offenses if strict requirements are met. Understanding these rules helps clarify what is possible and what is not when it comes to clearing or limiting access to a DWI record.
What Expungement Means Under Missouri Law
In Missouri, expungement means removing a criminal record from public view. When a record is expunged, it generally no longer appears in standard background checks conducted by employers, landlords, or the general public. However, expungement does not erase the event from existence entirely.
Certain government agencies, courts, and law enforcement entities may still be able to access expunged records for limited purposes. Expungement is also different from sealing, which Missouri does not broadly offer for DWI convictions. Instead, Missouri relies almost entirely on expungement as the mechanism for limiting public access to criminal records.
For DWI cases, expungement is not automatic. It requires eligibility under state law, a waiting period, and a formal petition to the court. If approved, the record is removed from public databases but may still be retained internally by some agencies.
Can a DWI Be Expunged in Missouri?
Yes, a DWI can be expunged in Missouri—but only in very limited situations. Missouri law allows expungement of a first-time DWI offense if all eligibility requirements are met. This option does not apply to most repeat offenses or aggravated cases.
To be eligible for expungement of a DWI in Missouri, all of the following conditions generally must apply:
- The DWI was a first-time offense
- At least 10 years have passed since the conviction or guilty plea
- There have been no other alcohol-related driving offenses during those 10 years
- The offense did not involve injury, death, or a commercial vehicle
- The offense was not charged as a felony
- All court requirements, fines, and probation terms were completed
If any of these conditions are not met, the DWI conviction is not eligible for expungement under current Missouri law.
When a DWI Cannot Be Expunged in Missouri
Most DWI convictions in Missouri cannot be expunged. This includes situations where:
- The DWI was a second or subsequent offense
- The charge was elevated to a felony
- The offense involved serious injury or death
- The driver had a commercial driver’s license (CDL) involved
- There were additional alcohol-related offenses within the 10-year waiting period
Once a DWI becomes ineligible for expungement, it typically remains on the criminal record permanently. Missouri law does not currently offer a general sealing option for these cases, meaning the record remains visible in background checks indefinitely.
Because of these limitations, expungement is best viewed as an exception rather than the rule when it comes to DWI records in Missouri.
The Expungement Process for a DWI in Missouri
For individuals who meet the eligibility requirements, expungement is a formal court process. It does not happen automatically once the waiting period ends. Instead, the person must file a petition with the court that handled the original case.
The general process includes:
- Filing an expungement petition in the appropriate Missouri court
- Providing identifying information about the case and conviction
- Demonstrating that all legal requirements have been met
- Notifying relevant agencies, such as prosecutors or law enforcement
- Waiting for the court to review and rule on the request
The court has discretion in expungement decisions. Even if a person appears eligible, the judge may still deny the request based on the circumstances of the case. If expungement is granted, the court orders public records to be removed or restricted from general access.
Expungement vs. Driving Records in Missouri
It is important to understand that expungement applies to criminal records, not driving records. In Missouri, driving records are maintained separately by the Department of Revenue (DOR).
Even if a DWI conviction is expunged from a criminal record:
- Administrative license suspensions may still appear on driving records
- Insurance companies may retain internal records of past violations
- Certain government agencies may still access historical data
Driving record entries typically remain for five to ten years, depending on the type of offense and whether there were prior violations. Expungement does not shorten or remove these administrative timelines.
Is Record Sealing an Option for DWI in Missouri?
Missouri does not generally offer record sealing as a separate option for DWI convictions. Unlike some states that allow records to be sealed from public view while still existing in the background, Missouri relies primarily on expungement.
If a DWI is not eligible for expungement, there is usually no alternative method to seal or hide the record from public access. This makes eligibility requirements especially important, as expungement is often the only pathway to limiting visibility of a DWI on a criminal record.
Long-Term Impact of an Unexpunged DWI Record
When a DWI cannot be expunged, it may affect a person long after the court case is resolved. A visible DWI record can influence:
- Employment background checks
- Professional licensing applications
- Housing and rental screenings
- Security clearance reviews
- Insurance underwriting decisions
While the impact may lessen over time, the record itself does not expire or disappear on its own. For many people, understanding these long-term effects is what leads them to explore expungement eligibility years later.
Frequently Asked Questions About DWI Expungement in Missouri
Can all DWIs be expunged in Missouri?
No. Only certain first-time DWI offenses may qualify, and only after a 10-year waiting period.
How long do I have to wait to expunge a DWI in Missouri?
At least 10 years must pass from the date of conviction or guilty plea.
Does expungement remove a DWI from my driving record?
No. Expungement applies to criminal records, not driving records maintained by the Missouri DOR.
Are felony DWIs eligible for expungement?
No. Felony DWIs cannot be expunged under current Missouri law.
Does Missouri allow sealing instead of expungement?
Generally, no. Missouri primarily uses expungement rather than record sealing for DWI cases.
Will an expunged DWI show up on a background check?
Usually not in standard public background checks, but some government agencies may still access expunged records.
Is expungement automatic after 10 years?
No. A formal court petition is required, and approval is not guaranteed.
Conclusion
In Missouri, a DWI can sometimes be expunged, but only under narrow circumstances. Most DWI convictions remain on a person’s criminal record permanently, especially if they involve repeat offenses, felony charges, or aggravating factors. For those who qualify, expungement may reduce public visibility of a DWI, but it does not erase all administrative or historical records.
To better understand how DWI records affect your future, explore DUI Records And Long Term Impact for a broader overview. For more detailed explanations about record timelines and eligibility, see How Long a DUI Stays on Your Record.