MO DWI EXPUNGEMENTS & CLEANING UP YOUR CRIMINAL RECORD FOR A BACKGROUND CHECK
What are the consequences of a DWI in MO:
A Missouri DWI (driving while intoxicated) or DUI (driving under the influence) or BWI (boating while intoxicated) arrest can have serious repercussions and long lasting consequences that can follow a person around for the rest of their life. A DWI arrest usually results in the filing of a criminal case charge against you in Municipal, State or Federal Court. Most people also face a separate licensing action through the Department of Revenue that could result in the suspension or revocation of their driver’s license. These types of charges can result in obvious repercussions such as expensive legal fees, court fines, jail time, license points, license suspension or revocation, SATOP class time and costs, ignition interlock costs, probation time and costs, increased insurance rates and SR-22, community service and in some cases even job loss just to name a few. These types of charges can also result in long lasting consequences that impact your permanent record and that will appear on a background check. (See my blog “DWI CONSEQUENCES & PENALTIES” for a more comprehensive explanation of the Consequences & Penalties of a DWI in MO)
What is my “record” & If my first time DWI resulted in probation will I still have a record:
The long lasting consequences that a DWI charge can have on a person’s permanent record are often misunderstood. A person’s complete “record” is comprised of several components including, a criminal record of pleas and convictions, an arrest record, a driving record, a publicly viewable online case history system, and sometimes various forms of “closed records”** Clients that have had a prior DWI charge often tell me they believe that they have “no record” from their prior DWI and that their prior attorney told them that if they successfully complete probation it would be as if “the DWI never happened.” Unfortunately the truth is more complicated than that.
It is true in MO that if a person charged with a DWI successfully completes an SIS Probation then they do not end up with a “conviction” on their record, however a person’s “record” is comprised of more than just whether or not they have convictions. Despite the fact that a successful SIS probation does avoid a conviction, there is still a “plea of guilty” that is made in court that will be a part of your record going forward. Also, the SIS probation plea does not remove the DWI arrest from a person’s arrest record. It also does not remove any DWI breathalyzer related license suspension from a person’s driving record. If that same person refused the breathalyzer and filed a “Petition for Review” lawsuit to obtain a “confession” that prevented the 1 year revocation (chemical action) of their driver’s license that still does not remove the lawsuit from the publicly viewable online case history system. Lastly, a background check performed by the MSHP will still show that the DWI was disposed of an SIS probation outcome. Due to the fact that so much of your “record” will still reveal that the prior DWI occurred, even after an SIS probation plea, it is wholly inaccurate to believe that it is “as if the DWI never happened.” Further, if a second DWI arrest occurs, a prosecuting attorney can and will in fact consider it as a “second DWI” for purposes of enhancing criminal penalties.
So at this point you may be asking yourself… then what can I do about my DWI to protect my record as much as possible? There is a solution to do some damage control – Call Traffic Law Stop now (314) 644-7102 to see if you are eligible for a DWI EXPUNGEMENT in Missouri.
Can a DWI be expunged in Missouri – Am I eligible for a DWI expungement:
Yes, under certain circumstances a DWI can be expunged in Missouri if you meet the eligibility requirements under RSMo 610.130. Only a FIRST time intoxication related traffic or boating offense may be expunged. A period of ten (10) years must have elapsed since the date of that first intoxication related traffic or boating offense plea or conviction. The offense must have been either an ordinance violation or a misdemeanor – you cannot have a felony offense expunged. The individual must not have been convicted of any subsequent intoxication related traffic or boating offense since the date of the conviction or plea of the offense that they are seeking to have expunged, and they must not now have any intoxication related traffic or boating offense pending. Offenses for driving a commercial vehicle under the influence of alcohol are not eligible for expungement, and individuals with a commercial driver’s license are not eligible for an expungement. A person is eligible for only one expungement of this nature.
How do I get a DWI expungement in Missouri & What does it mean to get a DWI expungement:
In order to get an expungement in MO a petition (lawsuit) must be filed in the Court of the County where the DWI plea, conviction or sentence occurred. There is a filing fee paid to the Court at the time of filing the Petition. Most people hire a lawyer to represent them and file the Petition with the Court. All entities that possess any records related to the DWI offense should be named and served summons in the lawsuit which will bring those entities under the jurisdiction (control) of the court. The applicant will be required to complete a fingerprinting card and file it with the court. The court will set a hearing date, the applicant will testify at the hearing and the Judge will make a determination about expungement eligibility. If eligible the Court will issue an Order compelling each entity to expunge all records related to the offense. This will result in all records and files in the care and custody of each entity becoming confidential records that will only be accessible to third parties by order of the court for good cause shown. The effect of this Order is to restore the person to the status that they held prior to the arrest, plea and conviction as if the offense had never taken place. Therefore, once the expungement is granted, a background check and/or driving history from that point forward will not show any arrest, plea of guilty, conviction, probation, licensing suspension or revocation and any case history information will be removed from the online publicly accessible court case system.
Looking to have your Missouri DWI expunged? Contact the DWI attorney at Traffic Law Stop at (314) 644-7102.
**Closed records generally can only be accessed by third parties with your consent or a court order and good cause shown. There are narrow exceptions that go beyond the scope of this writing. There are different types of background checks, but most background checks for employment purposes will look into all components of a person’s record, sole exception being “closed records” unless the individual has signed a consent to access closed records.
