Can a DUI be expunged in Missouri?
Missouri allows a DUI conviction to be cleared by expungement after 10 years from the conviction, on conditions the statute sets. By petition only. The driver record is only partly affected.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Missouri's own, each quoted from the statute or the agency that holds the record.
Also called: order to expunge from all official records.
Whether a DUI can be cleared at all
| What the relief is called | expungement |
|---|---|
| A DUI conviction | Can be cleared, on conditions |
| Waiting period | 10 years from the conviction |
| How it is obtained | By petition only |
Missouri has a dedicated expungement statute for a first intoxication-related traffic offence. A person who pleaded guilty to or was convicted of a first intoxication-related traffic or boating offence that is a misdemeanor or a county or city ordinance violation, and who has had no intoxication-related conviction since, may apply after not less than ten years. It does not reach a conviction for driving a commercial motor vehicle under the influence and does not apply to anyone who holds or is required to hold a commercial driver's licence. Only one expungement is available under the section.
“After a period of not less than ten years, an individual who has pleaded guilty or has been convicted for a first intoxication-related traffic offense or intoxication-related boating offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Partly cleared. The order under Mo. Rev. Stat. § 610.130 is directed at all official records of the arrest, plea, trial or conviction and restores the person to the status held before the event. The same section, though, allows the director to keep records so as to ensure that a person receives only one such expungement, and it does not apply to anyone issued or required to hold a commercial driver's licence. A separate provision, Mo. Rev. Stat. § 302.545, has the Department of Revenue expunge its own records without a court order only for an under-21 first suspension at .02 blood alcohol content, and expressly not where the person was convicted of driving while intoxicated or with excessive blood alcohol content.
“A person shall only be entitled to one expungement pursuant to this section. Nothing contained in this section shall prevent the director from maintaining such records as to ensure that an individual receives only one expungement pursuant to this section for the purpose of informing the proper”
What else sits on that record: suspensions and points in Missouri.
How long the wait is, and from when
Not less than ten years must pass from the guilty plea or conviction, and there must have been no intoxication-related traffic or boating conviction since that date. At the hearing the court must find no subsequent intoxication-related conviction, no other subsequent alcohol-related enforcement contact as defined in Mo. Rev. Stat. § 302.525, and no such offence or enforcement action pending.
“If the court determines, after hearing, that such person has not been convicted of any subsequent intoxication-related traffic offense or intoxication-related boating offense, has no other subsequent alcohol-related enforcement contacts as defined in section 302.525 ... the court shall enter an”
Automatic or by petition
Missouri has no automatic clearing of an intoxication-related traffic offence; an application to the court is required. The general expungement statute, Mo. Rev. Stat. § 610.140, does not offer a second route: it lists among the crimes not eligible for expungement any offence eligible for expungement under § 610.130 and any intoxication-related traffic or boating offence as defined in § 577.001.
“The following crimes shall not be eligible for expungement under this section: ... (7) Any offense eligible for expungement under section 610.130; (8) Any intoxication-related traffic or boating offense as defined in section 577.001”
Where it is filed, and what it costs
| Filed with | the court in which the person pled guilty or was sentenced |
|---|
The application goes to the court that took the plea or imposed the sentence, asking for an order to expunge from all official records every recordation of the arrest, plea, trial or conviction. The court holds a hearing and must enter the order if it finds no subsequent intoxication-related conviction, no other subsequent alcohol-related enforcement contact, and nothing of that kind pending.
“may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.”
Whether a cleared DUI still counts as a prior
The expungement restores the person to the status held before the arrest, plea or conviction, and no person subject to such an order is treated as giving a false statement for not disclosing it. But the relief is available only once, and the director may keep records for the purpose of enforcing that limit, so the state retains a means of knowing a prior intoxication-related offence occurred.
“The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. ... A person shall only be entitled to one expungement pursuant to this section.”
The statute: Mo. Rev. Stat. § 610.130
“610.130. Alcohol-related driving offenses, expunged from records, when — procedures, effect — limitations.”
Questions about clearing a DUI in Missouri
- Can a first DWI conviction be expunged in Missouri?
- Mo. Rev. Stat. § 610.130 allows a person who pleaded guilty to or was convicted of a first intoxication-related traffic offence that is a misdemeanor or a county or city ordinance violation to apply for expungement after not less than ten years, provided there has been no intoxication-related conviction since. It does not cover a commercial-vehicle DUI conviction, and § 610.130.4 excludes anyone holding or required to hold a commercial driver's licence.
- How many times can this expungement be used?
- Once. Mo. Rev. Stat. § 610.130.3 states that a person shall only be entitled to one expungement under the section, and that nothing in it prevents the director from maintaining records to ensure an individual receives only one expungement and to inform the proper authorities of the contents of any record kept under the section.
- Does Missouri's general expungement statute cover a DWI?
- No. Mo. Rev. Stat. § 610.140.3 lists crimes not eligible for expungement under that section, including at clause (7) any offence eligible for expungement under § 610.130 and at clause (8) any intoxication-related traffic or boating offence as defined in § 577.001. A DWI is therefore handled only under § 610.130.
Sources
- Mo. Rev. Stat. § 610.130 – Alcohol-related driving offenses, expunged from records, when (Missouri Revisor of Statutes)
- Mo. Rev. Stat. § 610.140 – Petition for expungement; crimes not eligible (Missouri Revisor of Statutes)
- Mo. Rev. Stat. § 302.545 – Expungement of records, when (Missouri Revisor of Statutes)
- Missouri Department of Revenue – Driving While Intoxicated (DWI)
- Mo. Rev. Stat. § 302.302 – Point system for licence suspension and revocation (Missouri Revisor of Statutes)
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Missouri." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/missouri/dui-expungement/