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  1. #1
    Join Date
    Jan 2007
    Posts
    3

    Default Re: Missouri Expungement Law

    Hi,
    I had a recent situation where I did not paid an item (my mistake - i did not saw it sitting under my shopping cart) and charged under Missouri 570.087. this is the 1st time for me and probably a misdemeanors.

    is it possiblly be Expungable from my record. I am yet to recieved papers for sending fines to the police.

    How shall I proceed?

    Thanks for ur time.

  2. #2
    Join Date
    Jan 2007
    Posts
    3

    Question Am I elligable for Missouri Expungement Law

    Hi,
    I had a recent situation where I did not paid an item (my mistake - i did not saw it sitting under my shopping cart) and charged under Missouri 570.087. this is the 1st time for me and probably a misdemeanors.

    is it possiblly be Expungable from my record. I am yet to recieved papers for sending fines to the police.

    How shall I proceed?

    Thanks for ur time.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Am I elligable for Missouri Expungement Law

    Missouri appears to have a rather narrow expungement statute:
    Quote Quoting Missouri Revised Statutes Section 610.122 - Arrest record expunged, requirements.
    610.122. Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503, RSMo, may be expunged if the court determines that the arrest was based on false information and the following conditions exist:

    (1) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;

    (2) No charges will be pursued as a result of the arrest;

    (3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;

    (4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and

    (5) No civil action is pending relating to the arrest or the records sought to be expunged.
    The Missouri courts have explained what they mean by "false information":
    Quote Quoting In re Dyer, 163 S.W.3d 915 (Mo. S.Ct. 2005)
    To establish that the arrest was based on "false information" the petitioner in most cases must prove that the alleged victim - who knew the petitioner and on whose accusation his arrest was based - had falsely accused the petitioner. Martinez v. State, 24 S.W.3d 10, 20 (Mo. App. 2000). In all cases, the petitioner must prove that some or all of the information upon which the police relied to arrest the petitioner is simply a lie.

    * * *

    The false information requirement and the probable cause requirement, when combined, "necessarily imply and mean that a petitioner . . . has the burden to affirmatively demonstrate at a hearing, by a preponderance of the evidence . . . his actual innocence of the offense for which he was arrested." Martinez, 24 S.W.3d at 20. The fact that Dyer pled guilty and received a probation sentence seems to indicate that he was not actually innocent of the stealing and forgery, unless the court is willing to believe that Dyer falsely or mistakenly pleaded guilty in 1991.
    Try consulting a criminal defense lawyer to see what steps you might be able to take up-front to minimize the impact of this incident.

  4. #4
    Join Date
    Jan 2007
    Posts
    3

    Default Re: Missouri Expungement for a Shoplifting Conviction

    what is implecation for a non-US citizen

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Missouri Expungement for a Shoplifting Conviction

    Quote Quoting loriadam
    View Post
    what is implecation for a non-US citizen

    As far as the court system, there is no difference.

    Now, you may have trouble with the immigration folks.

  6. #6
    Join Date
    Mar 2009
    Posts
    3

    Question Re: Missouri Expungement for a Shoplifting Conviction

    Hi, i did a dumb thing, shoplifting at WAL MART , ANY WAY, , my court date would be on march 25, but i got a lawyer and 2 weeks later, we went to the prosecuter and got deferment.
    Anyway, Im not a US citzen, was a mistake, cause i did not see the item that was not paid( 5 dolars), ...they tooked me to the room, tooked pic of the item, but they DID NOT TAKE ANY PIC OF ME, WHY?
    Anyway, i got arrested, and after the court, i got 40 hours of comunity service...
    Do I still will receive a letter from Wal Mart? Can i get this to be expunge? cause im aplying for the green card, and will this show on the immigration records? thanks!!!

  7. #7
    panther10758 Guest

    Default Re: Missouri Expungement for a Shoplifting Conviction

    Have you even been to court yet? If not your putting the cart in front of the horse. When you go to court see if diversion is offered that could help keep a conviction off your record if you qualify

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