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Clarifying Whether a DWI Becomes Part of Your Criminal Record in Missouri
In Missouri, a DWI (Driving While Intoxicated) offense carries more weight than many people initially realize. One of the most frequent concerns after an arrest is whether the incident will show up on a person’s criminal record—not just their driving record. Understanding how a DWI is recorded and how long it may stay on file is essential for grasping the long-term implications of such a charge.
This article offers a neutral, straightforward explanation of how Missouri classifies and records DWI offenses. It is not legal advice. Instead, it aims to clarify whether and how a DWI becomes part of your criminal history, separate from administrative records related to driving privileges. In Missouri, DWIs can affect your criminal record in ways that influence employment opportunities, housing applications, and background checks for years to come.
In the sections below, we’ll explore when and why a DWI gets recorded as a criminal offense, how that record is maintained, and what it could mean for your future. We’ll also cover key differences between criminal and administrative records and provide clarity on whether it’s ever possible to have a DWI removed from your criminal history.
When a DWI Becomes a Criminal Record in Missouri
In Missouri, a DWI does go on your criminal record—if there is a conviction. A conviction can result from pleading guilty, being found guilty in court, or entering a diversion or suspended imposition of sentence (SIS) program under court supervision. Once a conviction occurs, the offense becomes part of your criminal history file, maintained by the Missouri State Highway Patrol’s Criminal Justice Information Services Division.
Even a first-time offense may be classified as a misdemeanor, which still qualifies as a criminal charge. Repeat offenses or those involving aggravated circumstances, such as injury or refusal to comply with chemical testing, may escalate the charge to a felony.
A criminal DWI conviction in Missouri is entered into state databases and may also be reported to national databases accessible during background checks. The record is considered public, although access may vary depending on the requesting party and the purpose of the check.
Difference Between Criminal Records and Driving Records
It’s important to understand that Missouri maintains two separate systems for recording DWI-related information:
- Criminal Record – Managed by law enforcement and the courts, this includes formal convictions and sentencing related to criminal charges such as DWI. It may appear in criminal background checks and is often reviewed during employment screenings, housing applications, and security clearance processes.
- Driving Record – Managed by the Missouri Department of Revenue (DOR), this includes license suspensions, revocations, and other administrative penalties resulting from DWI arrests. These records are often reviewed by insurance providers and are not necessarily tied to criminal convictions.
Not every driving-related DWI action results in a criminal conviction, but every DWI conviction does create a criminal record. Understanding this distinction helps clarify why someone might see a DWI listed on a background check, even if their license has already been reinstated or their administrative penalties have expired.
First-Time Offenders and Criminal Record Implications
Even if you are a first-time DWI offender in Missouri, the offense can still appear on your criminal record. Missouri classifies a first-time DWI offense as a Class B misdemeanor, which is a criminal charge. This remains true regardless of whether the case involved jail time, probation, or a plea deal.
For individuals granted a suspended imposition of sentence (SIS), the court may agree to not enter a conviction into the public record—if all probation conditions are met. However, law enforcement and certain government agencies may still retain access to the arrest and outcome.
In short, a first-time DWI in Missouri often results in a criminal record that is publicly accessible and may be visible during routine background checks, depending on the level of access.
Expungement Rules for Criminal DWI Records in Missouri
Missouri allows limited expungement of DWI convictions, but only under specific circumstances. To qualify for expungement of a DWI from your criminal record, you must meet several conditions:
- The offense must be a first-time DWI
- At least 10 years must have passed since the conviction or guilty plea
- No other alcohol-related offenses must have occurred during that time
- The DWI must not involve injury, death, or felony charges
- The person must have completed all court-imposed penalties and probation
If eligible, you can file a petition for expungement in the court where the case was originally handled. If the expungement is granted, the conviction is removed from your public criminal record, although certain agencies may still retain access for legal or administrative reasons.
It’s important to note that expungement applies only to criminal records, not to driving records maintained by the Missouri DOR.
How a Criminal DWI Record Impacts Employment and Background Checks
A DWI on your criminal record in Missouri can affect job prospects in various ways. Many employers conduct background checks as part of the hiring process, especially for jobs involving driving, government work, or handling sensitive information. A misdemeanor or felony DWI conviction may be viewed as a red flag depending on the industry and role.
Expunged records typically do not show up in standard commercial background checks. However, some government agencies, law enforcement employers, and positions involving national security may still be able to access the expunged records.
Even when a conviction is not disclosed voluntarily, Missouri law allows certain employers to inquire about criminal history. In these situations, a visible DWI conviction may influence their hiring decision—particularly if it suggests a pattern of risk or legal trouble.
Do Arrests Without Conviction Show Up on Your Record?
An arrest for DWI that does not lead to a conviction may still appear on certain records. In Missouri, if a case is dropped, dismissed, or results in an acquittal, the criminal charge does not become part of your official criminal record. However, records of the arrest itself may still be retained by law enforcement or visible in some background checks.
These types of non-conviction records may still cause confusion for employers or other institutions reviewing your history, even if you were not found guilty. In some cases, you may need to formally request expungement or closure of the arrest record to prevent it from appearing in public databases.
Understanding that even an unresolved DWI arrest can impact your public record helps explain why clarity and accuracy are important when managing your personal records in Missouri.
How Long Criminal DWI Records Last in Missouri
Criminal DWI records in Missouri do not expire automatically. Unless you qualify for and are granted expungement, the conviction remains on your record permanently. This applies to both misdemeanor and felony convictions.
Over time, the visibility of the record may diminish in certain databases or applications, but official records maintained by law enforcement, courts, and background check services can retain the information indefinitely. This long-term visibility is one of the reasons why expungement exists as a legal remedy for eligible individuals.
It’s also worth noting that repeat offenses eliminate the possibility of expungement entirely. If you are convicted of another DWI—even many years after the first—your criminal record becomes permanently fixed, with no expungement option available under current Missouri law.
Frequently Asked Questions About DWI Criminal Records in Missouri
Does a DWI always go on my criminal record in Missouri?
Yes, if you are convicted of the charge. A conviction creates a permanent entry in your Missouri criminal record unless successfully expunged later.
Can I have a DWI removed from my record?
Possibly. If it’s your first offense, and 10 years have passed without additional violations, you may qualify for expungement. Felony DWIs are not eligible.
Is a DWI considered a felony or misdemeanor in Missouri?
It depends. A first-time DWI is generally a Class B misdemeanor, but repeat offenses or aggravated cases may be charged as felonies.
Does a DWI arrest show up even if I wasn’t convicted?
It can. Arrest records are sometimes visible in background checks unless formally sealed or expunged, even without a conviction.
Will an expunged DWI still appear on a background check?
Usually not in standard checks. However, law enforcement and certain employers may still have access to expunged records.
Does the DWI criminal record ever expire on its own?
No. Without expungement, a DWI conviction stays on your criminal record indefinitely.
Do SIS (Suspended Imposition of Sentence) cases count as convictions?
SIS cases can avoid a formal conviction if all conditions are met, but the case may still be visible to some agencies or in background screenings.
Conclusion
In Missouri, a DWI does go on your criminal record when it results in a conviction—and that record can have serious, lasting consequences. While expungement may be available in some first-time cases after 10 years, many people will carry a visible DWI offense for the rest of their lives. This record can impact job opportunities, housing options, and public perception long after the court case is closed.
To learn more about the long-term impact of DWI offenses in Missouri, visit our DUI Records And Long Term Impact page. For more specific answers about timelines and removal eligibility, see How Long a DUI Stays on Your Record.