A Driving While Intoxicated (DWI) conviction can have long-lasting effects, from increased insurance rates to difficulties in employment and housing. Many people wonder if they can have a past DWI removed from their record through expungement. While Missouri does allow some DWI convictions to be expunged, the process is highly restrictive, and not everyone qualifies.
It is always better to fight a DWI charge before a conviction occurs rather than rely on expungement later. If you are facing a DWI charge, working with an experienced defense attorney may help you avoid the long-term consequences of a conviction altogether.
Missouri law allows for the expungement of certain first-time DWI convictions under specific conditions. According to Missouri Revised Statutes Section 610.130, an individual may qualify for DWI expungement if:
Expungement, when granted, removes the DWI conviction from public records, meaning that most employers, landlords, and the general public will not be able to see it. However, law enforcement and certain government agencies may still have access to the expunged record.
Missouri’s expungement law is strict, and many individuals with a DWI conviction will not qualify. You are not eligible for expungement if:
For those who do not qualify, the DWI conviction will remain on their record permanently. This is why it is critical to hire a skilled DWI defense attorney before a conviction happens.
Because Missouri’s expungement law is so limited, the best way to protect your record is to avoid a conviction in the first place. A strong DWI defense strategy may help you get charges reduced or dismissed, preventing the need for expungement later. Some of the most effective defense strategies include:
Law enforcement must have a valid reason to pull a driver over. If the officer did not have probable cause, any evidence gathered during the stop may be thrown out.
Breathalyzers and blood tests are not always reliable. Errors in administration, improper calibration, or medical conditions can lead to inaccurate results.
Field sobriety tests are subjective and can be affected by factors such as poor lighting, uneven road surfaces, or medical conditions.
Even if a driver had alcohol in their system, it does not necessarily mean they were impaired. An attorney can argue that the driver was in full control of their vehicle and was not under the influence.
Any failure by law enforcement to follow proper procedures—such as not reading Miranda rights—can be grounds for dismissal of the charges.
Many people assume that pleading guilty to a first-time DWI is their only option. However, a conviction can have lasting consequences that go beyond legal penalties. In addition to fines, license suspension, and potential jail time, a DWI conviction can lead to higher insurance rates, difficulty finding employment, and damage to your personal and professional reputation.
Instead of hoping to qualify for expungement ten years down the road, working with an experienced DWI attorney now can help you fight the charges and protect your future.
Missouri has not passed any new laws that change the eligibility requirements for DWI expungement. The ten-year waiting period remains in effect, and there are no confirmed proposals to expand eligibility.
While laws can change in the future, the best approach is to take action immediately after a DWI arrest rather than relying on possible changes in expungement laws later.
If you are facing a DWI charge, the most important thing you can do is take action now to protect your rights. Our law firm focuses on DWI defense, helping clients fight their charges and avoid the long-term consequences of a conviction.
We do not handle expungement cases, but we work aggressively to help clients avoid a conviction in the first place. If you or a loved one has been charged with a DWI in Missouri, contact us today for a consultation. The sooner you get legal representation, the better your chances of achieving a favorable outcome.