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Print this pageJoe Knows: Scrubbed records and statutes of limitations
Curious how to get that offense dropped? How long your in danger of prosecution? Local attorney Joe Passanise is here to help you out.
Local attorney Joseph S. Passanise, who is writing a book called Busted: College Kids Have Rights, Too!, has agreed to answer some of our questions on topics that could affect our readers. This week: How long does that conviction stick on my record? And if I’m not caught, how long am I still in danger? Take it away, Joe.
Unfortunately there is no real expungement law in Missouri. This means that if you enter a plea of “guilty” to a charge, you can’t take it back several years later and expunge your arrest, plea, or conviction.
However, in Missouri, you can expunge one municipal or state DWI or BAC 10 years after the plea of guilty, as long as you don’t have another alcohol contact or a commercial driver’s license. You can also expunge one Minor in Possession (state charge only) conviction after you turn 22, as long as you don’t have another alcohol contact.
You should clean up your driving record every three years by filing a request with the Department of Revenue, as it is not done automatically. Some convictions that go on your driving record cannot be taken off, including infractions like “no insurance tickets,” “no operator’s license,” “driving while license suspended”, or “leaving the scene of an accident.” Minor traffic tickets such as speeding and stop-sign violations can be cleaned off your driving record after three years, as long there is no point suspension.
Everybody wants to know what the statute of limitations is for a crime. The general rule is that the felony statute of limitations is three years from the date of the incident; a state or municipal misdemeanor is one year from the date of the incident; and an infraction is up to six months from the date of the incident.
But, of course, there are exceptions to the rule: Any Class A felony has no statute of limitations, and can be brought at any time in your life. Also, knowingly burning or exploding property of another has a five-year statute of limitations.
The period of statute of limitations does not run if:
• You are absent from the state
• When you are hiding from justice within or outside the state
• Prosecution for sexual offenses involving a person 18 years of age or younger must be commenced within 20 years after the victim reaches the age of 18
• After the prosecutor files the charge, the statute of limitations is held even if it is more than 10 years from the date of incident
• If you are declared incompetent by the court and not fit to proceed.
— Joe Passanise
