Being the subject of a criminal case can leave your head spinning as you grapple with the terminology, upcoming steps, and potential remedies. “Dismissal” and “expungement” are two of the words you might hear thrown around — and when you’re up against the Missouri criminal justice system, the difference between them is critical to understand.

If you’re facing criminal charges in Missouri, the following information can help you distinguish between these two legal remedies and determine what might be possible for your particular case.

What is dismissal?

A dismissal is a type of relief that occurs before the defendant (the person charged with a crime) is convicted. When the court dismisses a criminal charge, it terminates the defendant’s criminal proceedings, and the defendant is then released from any criminal liability connected to that charge.

The arrest record and charge will still appear on the defendant’s record and will be potentially visible to anyone who performs a background check on them, such as prospective employers, however, it will show the disposition or status as “dismissed” rather than “convicted.”

While some individuals and businesses may not hire people with a criminal record regardless of the charge’s outcome, many are understanding and won’t treat it the same as a conviction.

Dismissals may be granted for a variety of reasons, including errors in the charging document, insufficient evidence, or violations of the defendant’s constitutional rights during the arrest or prosecution process. Missouri has few formal restrictions on when a prosecutor can dismiss a case, so a wide range of cases can be considered. However, the defendant has little say in whether a charge is dismissed — that decision rests with the prosecutor.

What is expungement, and how is it different from dismissal?

Occurs after conviction

Unlike a dismissal, which occurs before a conviction, an expungement occurs after a defendant is convicted of a crime. This post-conviction relief option seals the defendant’s criminal record, removing it from public access.

Removes the charge from your record

After an expungement is granted, the defendant’s criminal history will not be visible to potential employers, landlords, or anyone else who runs a background check. This is where expungement can be more favorable than dismissal in some cases — although a dismissal is universally a better outcome than a conviction, expungement allows the defendant to move forward with their life without the stigma of a lingering arrest or criminal record.

While dismissal is largely out of the defendant’s control, expungement allows the defendant to formally petition the court for relief. As long as the defendant satisfies certain legal requirements, the odds of the expungement being granted are high.

Eligible and ineligible crimes

Many offenses are eligible for expungement in Missouri, but some types are strictly excluded. Ineligible crimes include class A felonies, felonies involving the death of another person, kidnapping-related felonies, felony assault, all domestic assault offenses, and offenses requiring sex offender registration.

Defendants with qualifying offenses must meet additional eligibility criteria before the relief will be granted. For example, they must have satisfied the requirements of their sentence, including paying all fines and completing their probation or parole term. There are also mandatory waiting periods in which the defendant must remain crime-free before they can petition the court for expungement.

Explore your options with a trusted criminal defense lawyer

Dismissal and expungement are two powerful legal remedies that can give you the peace of mind you need to move forward with your life after being charged with or convicted of a crime. However, they’re not synonymous, and each is available only at specific stages in the criminal justice process.

That’s where a St. Louis criminal defense attorney at JCS Law comes in. Whether you’re the subject of an active criminal case or need help exploring your post-conviction relief options, we can provide the guidance and representation you need to secure a better tomorrow. Contact us today at (314) 561-9690 to schedule a free consultation and discuss your case with a trusted legal advocate.

No matter what you are thinking now, you need a lawyer from the beginning of your case to protect your rights. Prosecutors generally save the harshest penalties for citizens who don’t have a lawyer or who have a public defender. A lawyer from JCS Law can help you get a lenient sentence, minimize the bad consequences of your charge, or even get your case dismissed.

Do not make any statements to a police officer without first hiring a lawyer. Police Officers generally have one interest- putting you in jail. Police Officers will commonly lie to citizens and promise leniency if you agree to admit to a crime. It is almost always a bad idea to make statements to a police officer without going through your attorney. Even my police officer friends have a policy when they get in trouble- and that is to talk to a lawyer before doing anything else.

Felonies carry a punishment of one or more years in prison. Felonies should be handled by an experienced criminal defense lawyer. Misdemeanors carry a punishment of up to one year in the county jail. Sometimes people think misdemeanors are less serious than they are. Depending on your situation, a misdemeanor may still be extremely serious. Misdemeanors can lead to job loss, jail time, restricted travel and a permanent criminal record. No matter what type of charge you face, it is extremely important that you hire a lawyer to make sure that your rights are protected.

You should plan to appear at your scheduled court date. If your lawyer tells you not to, that’s different. In some situations, your lawyer can appear for you. Felony charges generally require you to appear at each court date.

If you have a warrant for your arrest, the judge in your case will set your bond. If your bond is high, a lawyer from JCS law can argue for a reduced bond. Often the judge will authorize you to post 10% of the bond amount. A professional bondsman can post a “surety bond”. If a surety bond is required, you will need to pay a bondsman to post bond for you. They will then make sure you appear for your court dates with the promise that if you don’t, they will come find you. If you need a surety bond, our lawyers at JCS law have good relationships with many bondsman; we can often get you a deal to pay less than 10% upfront.

In each case we handle at JCS Law, we begin preparing for trial from the moment you hire us. Every step we take is in preparation for trial- whether or not you intend to go to trial. By being prepared for trial early, it makes it more likely that the prosecutor will give you a good plea offer. If you don’t want a plea offer, then we are prepared to take on the prosecution at trial. Some people prefer to have us analyze the evidence in their case before making a decision about trial. Giving you the opportunity to review the evidence in your own case and listen to our recommendations is part of our process.

If filed within 10 days of your arraignment, Missouri Supreme Court Rule 32.07 grants you one change of judge without you needing to justify why. It needs to be filed by your lawyer within that 10 day window. If you are seeking a change of venue as well, the change of venue and change of judge request must be filed as a joint motion.

If you don’t feel you would get a fair trial in a particular county, and it has less than 75,000 inhabitants, you can request a change of venue by right. The judge will be required to grant the change of venue and your trial will be moved to a different county. The reason for a change of venue is typically because you plan on a jury trial and you want to pick the best county to draw a jury from for your case.

There is no rule that allows a change in prosecutor. Some counties have particular prosecutors assigned to particular judges. An experienced St. Louis attorney from JCS Law will be able to make recommendations if a change of judge might lead to being assigned a more favorable prosecutor.

In Missouri, a no contest plea is usually called an Alford plea (named after a famous supreme court case). If you enter an Alford plea, you are stating that you believe the evidence against you would be overwhelming, but you are not admitting guilt. An Alford plea is treated much the same as a guilty plea. If you have a civil suit pending against you, you can use an Alford plea to take the benefit of a plea bargain in criminal court without admitted to wrongdoing that could be used against you in civil court.

Yes. The prosecutor has the authority to amend or change your criminal charge. A felony DWI, for instance, can be amended to a misdemeanor as part of a plea deal. A prosecutor can also dismiss charges as part of a plea deal. If you are charged with 11 counts of felony theft, the prosecutor can amend those 11 felonies and replace them with one misdemeanor if your attorney forces an excellent deal.

Many counties in Missouri, including St. Louis county, have Alternative Treatment Courts for drugs and alcohol. If your criminal charges are the result of a struggle with drug addiction, “Drug Court” can be a good option. Drug Court will help you get and stay sober. There usually is no jail or prison time if you are accepted into Drug Court. Treatment courts can help people with addictions change their lives for the better and avoid prison. Drug Court typically lasts 18-24 months. During that time you are able to keep your job and live at home.

DWI Court is an Alternative Treatment Court program available in many counties throughout Missouri, including St. Louis County. DWI Court is designed to make sure you give up drinking entirely and stay sober. DWI Court involves group and individual counselling sessions, testing and a system of accountability. There usually is no jail or prison time if you are accepted into DWI Court. In St. Louis County, one of the benefits of DWI court may include getting a reduced charge after completing the program. For example, if you are charged with a felony DWI and you successfully complete DWI Court, your charge may be amended to a misdemeanor. DWI court typically lasts 18-24 months. During that time you are able to keep your job and live at home.