Expunging a Missouri Assault Charge
Assault is the charge where the answer varies most, and where guessing does the most harm. Some assault convictions clear on the standard misdemeanor timeline. Others can never be expunged in Missouri at all.
- Statute
- § 565.056
- How it is graded
- Fourth-degree assault is usually a Class A misdemeanor; the degrees above it rise to Class B and Class A felonies
How expungement works for this charge
The degree decides it. Fourth-degree assault under § 565.056 is normally a Class A misdemeanor and follows the ordinary 1-year path. Third-degree assault under § 565.054 is a Class E felony and is generally within the expungeable classes. Above that the picture changes hard: first- and second-degree assault reach Class A and Class B felony territory, and offenses that meet Missouri's "dangerous felony" definition under § 556.061 are excluded from expungement outright, as are felonies where death is an element. Domestic assault counts are graded separately again and need their own look. Because the same word covers all of this, the degree and statute on your actual court record is the only thing that answers the question.
Often eligible
- Fourth-degree assault after the 1-year waiting period
- Third-degree assault charged as a Class E felony, after 3 years
- Assault charges dismissed or never filed after arrest
- Charges reduced to a lower degree at disposition
What disqualifies a case
- Any assault meeting the dangerous felony definition in § 556.061
- First- and second-degree assault at Class A or B felony level
- Assault offenses requiring sex-offender registration
- Any offense where death is an element
There are exceptions in both directions and the law changes. Don’t rule yourself out on a list. Let us check the actual record.
The rules that apply to every Missouri expungement
- Waiting periods. Three years for a felony, one year for a misdemeanor or ordinance violation, measured from the day you complete the entire disposition, including probation, parole, fines and restitution.
- Lifetime limits. Up to two felonies and three misdemeanors or ordinance violations that carry possible jail time. Infractions are unlimited and don’t count against either cap.
- It is never automatic. Even when you qualify on paper, the court must also find that you have no pending charges, that all obligations are satisfied, that you are not a threat to public safety, and that expungement serves the interests of justice. The burden is on you, which is what the petition is for.
Different rules apply to first-time alcohol-related driving offenses, which run under § 610.130 with a ten-year wait, once per lifetime.
Questions about assault expungement
Can an assault charge be expunged in Missouri?
Some can. Fourth-degree assault is a misdemeanor and usually qualifies. Higher degrees, dangerous felonies under § 556.061, and offenses where death is an element are excluded. The degree on your record decides it.
What about domestic assault?
Domestic assault is graded under its own sections and needs to be reviewed separately. Do not assume it follows the same path as an ordinary assault count.
My charge was reduced. Which one counts?
The disposition controls, not what you were originally arrested for. If it was reduced to fourth-degree assault, that is what the expungement analysis works from.
General information about Missouri law, not legal advice, and not a prediction about your case. Eligibility depends on the exact statute, your disposition, your record and the court’s discretion. Reviewed by Andrew Popplewell.
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