The McPherson Law Firm

ATTORNEYS AT LAW

The McPherson Law Firm

ATTORNEYS AT LAW

The McPherson Law Firm

ATTORNEYS AT LAW

Can a DWI Be Expunged From Your Criminal Record?

Judd McPherson • Feb 08, 2021

A DWI conviction does not have to haunt you for a lifetime.

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A DWI on your record may show up when potential employers or other parties perform a criminal background check. While it may seem like ancient history to you, the conviction can cause problems for employment, professional licenses, military service and even volunteer activities. Missouri has also instituted a lifetime look-back. This means that a DWI at any time in your past counts as a prior offense — unless the conviction has been expunged. Under the Missouri Revised Statutes, first-time offenders may be eligible to have an old conviction expunged (wiped from their record). There are three baseline criteria to even apply for expungement:

  • At least 10 years have passed since the date of conviction.
  • The driver has not had another alcohol-related charge (DWIDUI or BAC offense) since the conviction, including offenses in other states.
  • The driver has not previously expunged a DWI.

Expungement applies to a conviction at trial or a guilty plea, a conviction set aside through a diversion program, dismissal of charges prior to trial, and arrest records and fingerprints relating to an alcohol offense. Expungement does not apply to license suspension or revocation for DWI or refusal of a breath test — your civil driving record is not expungeable.
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