The Missouri MIP law allows a minor who has pleaded guilty or found guilty of MIP for the first time to obtain an Court ordered expungement of all official records of his or her arrest, plea, trial and conviction.
The “Expungement” of a MIP
The “expungement” of a person’s MIP is the court-ordered removal of all official records of his or her arrest, plea, trial and conviction of MIP.
The Legal Effect of an Expungement
The effect of an expungement order under the MIP law is to restore a person’s legal status to that he or she had before the arrest, plea or conviction of MIP, as if the MIP never happened. After an expungement is ordered, the person granted the expungement may not be found guilty of perjury or making a false statement by failing to acknowledge or admit the MIP arrest, plea, trial, conviction or expungement in response to any inquiry made for any purpose whatsoever.
Who May Get an Expungement
A person convicted of MIP under Section 325.111 may be eligible for an expungement only when all three (3) of the following requirements are met: (1) It must be the first time he or she pleaded or was found guilty of MIP, (2) a year has passed from the time he or she pleaded or was found guilty of MIP or the minor reached 21 years of age, and (3) he or she since has had no other alcohol-related convictions or “alcohol-related enforcement contacts” as defined in Section 302.525(3).
How to Request an Expungement
A person seeking the expungement of a MIP must apply to the Court in which he or she pleaded or was found guilty. The application for expungement must state that the applicant has met all of the legal requirements for an expungement order to be made and, therefore, that the applicant is eligible for an expungement. A hearing takes place during which the applicant must prove to the Judge that he or she is eligible for an expungement. The Judge then makes a determination whether the applicant has proved that he or she is eligible for an expungement and, based thereon, either orders an expungement or denies the application for expungement. You should have a lawyer represent you in any application for an expungement order. Only a lawyer can protect and assert your legal rights in court. Warning: Attempting to apply for an expungement without being represented by a lawyer makes as much sense as trying to perform surgery an operation on yourself instead of going to a surgeon. Click Here for a FREE consultation and fee quote. Talk to one of our experienced lawyers about your MIP today.