St. Louis DWI expungement lawyers

Without an expungement, a drunk driving charge can haunt you for years. If you or a loved one has a DWI on their record, they may be eligible to have that charge expunged under RSMo 577.054.

A St. Louis DWI expungement lawyer with JCS Law can help you determine your eligibility for expungement. Attorney John Schleiffarth understands that good people make mistakes and believes a mistake doesn’t have to follow you for life. Let us help you through the confusing and tedious process of expunging your DWI.

Call us today at (314) 561-9690 for a free case evaluation with a criminal defense attorney to see if you are eligible under Missouri law to petition the court to expunge your Missouri DWI.

What is DWI expungement?

Expungement removes a charge from a person’s permanent criminal record, making it so that it legally never happened, and restores the individual to the status to which they were before the DWI incident happened.

What are the eligibility requirements for DWI expungement?

Not everyone charged with DWI in Missouri is eligible to have the conviction expunged from their record. The state sets requirements for expungement:

• You must wait at least 10 years before submitting a petition for expungement
• You cannot have any other DWI or DUI charges during the 10-year waiting period
• The DWI was not received while operating a commercial vehicle

Only individuals with a first-time DWI conviction may petition for expungement. Second, third, and subsequent DWI charges are ineligible. If you received a DWI as a commercial driver’s license (CDL) holder (no matter which state your license is issued in), you cannot have that conviction expunged in Missouri.

What is the expungement process?

The steps for a DWI expungement in Missouri are as follows:

1. Determine eligibility

Before filing your DWI expungement petition, make sure that you meet all the eligibility requirements above. The charge must be a misdemeanor DWI-related charge, not a felony, or a county or city ordinance violation.

If you’re unsure of your eligibility, call a St. Louis DWI lawyer right away.

2. Obtain court documents

Gather all the necessary documents before submitting your petition:

• A copy of your current driver’s license or state ID
• A copy of your conviction order
• Any other papers related to the DWI charge you wish expunged

If you don’t have all the records from your initial conviction, you may request a copy from the county you were charged in. Many have records available online, although some counties may charge a small fee for court records.

3. File a petition for expungement

For a DWI expungement in St. Louis, you must file a petition with the same court in which you were convicted. In this petition, you must name any entity you believe may have court records regarding the infraction. In DWI cases, this means naming the Missouri Director of Revenue as a party to the petition.

There is a $250 fee for the petition, although you may be able to have the fee waived if you meet the low-income threshold.

4. Serve notice to all parties

Once the petition is filed, the defendants are served with the notice of your petition. Named defendants have 30 days from being served to file an objection to your petition.

If a defendant objects, the court will schedule a hearing within 60 days of the objection being filed to rule on the defendant’s objection. If the defendants do not object, your hearing will be scheduled within 30 days.

5. Attend a hearing

Once the Director of Revenue and any other parties your lawyer notes are appropriate, the court accepts evidence and hears testimony to consider expunging your DWI. You will be asked if you have any other DWI or DU convictions in the time period since your initial DWI or if you have had any other police contact or legal actions regarding a DUI charge.

You may be required to provide proof of your clean record since your charge. If you hire a St. Louis DWI lawyer, they will represent you at the hearing and present the necessary proof and other evidence.

6. Wait for the judge’s decision

Be prepared to wait – it may take up to a year to get the expungement approved. Once it is approved, though, you can begin reaping the benefits of a clear criminal record.

7. If granted, notify relevant agencies

Missouri law requires any parties listed on an expungement petition to properly delete the criminal record, with penalties of criminal prosecution if they fail to do so. Once your expungement is granted, you must notify the appropriate agencies of the change.

What are the benefits of DWI expungement?

An expungement essentially erases the conviction, making it so it never happened. You can truthfully claim that you have not been convicted of a DWI when you fill out a job application, apply for housing, or are under oath in court.

If an employer or other agency does a background check for your criminal record, the DWI charge won’t show up, either.

You may also discover other benefits of a DWI expungement, such as a clean reputation. Some people may not look favorably on people who drink or use drugs and drive; if a potential date runs a Google search on you, for example, they won’t see the charge.

What is the role of a DWI expungement lawyer?

Your St. Louis DWI expungement lawyer is your legal advocate, representing your interests alone. A lawyer can prepare a flawless DWI expungement petition for you and gather the court records you need to submit your petition. This way, you know mistakes, clerical errors, or omissions won’t delay the approval process.

Your lawyer identifies the necessary defendants you must name in your petition and will notify them of your submission. When your hearing date arrives, they represent you, arguing on your behalf for the expungement and presenting your evidence. If the state of Missouri has any objections, it can counter them and respond properly.

What is the cost of hiring a St. Louis DWI expungement lawyer?

Every lawyer sets their fees for DWI expungement. Some people may hesitate about hiring a lawyer for their DWI expungement petition, but you may quickly notice that the benefits of professional legal representation in your DWI expungement case quickly outweigh the initial monetary outlay.

If you’re relying on a DWI expungement to better your career opportunities, such as being a commercial truck driver, working in law enforcement or with the government, or in education or childcare, then the cost of having your petition denied (and the DWI remaining on your record) can end up being much more than the cost of an attorney.

Why hire JCS Law?

Your future is too important to risk – choose a skilled St. Louis DWI expungement and defense attorney from JCS Law. We are a leading St. Louis criminal defense firm, representing people just like you who have made a mistake and now have been rehabilitated and wish their criminal record to reflect this.

Firm founder and leader John Schleiffarth has received numerous professional awards and accolades in the field of criminal defense and has been repeatedly recognized for his efforts with DWI defense. John has been named:

• Super Lawyers: Rising Star 2015-2018
• St. Louis Magazine: Finalist for “Lawyer Of The Year” 2017
• He also has an AVVO Rating of 10.0 – the highest possible

When you work with JCS Law, you will receive a defense tailored to your specific needs. We examine your case closely and craft our arguments to give you the best possible outcome. We offer a thorough knowledge of Missouri criminal law and tenacious arguments on your behalf in court. We treat you with dignity and respect and explain every step of the expungement process to you.

Our St. Louis DWI expungement lawyer is ready to help

Do you need to have a DWI conviction in Missouri expunged from your criminal record? We understand the complexities of petitioning for a DWI expungement and can guide you through the process. Contact a St. Louis DWI expungement lawyer with JCS Law today at (314) 561-9690 for a free consultation about your case.