Can a Missouri Forgery Charge Be Expunged?
Forgery is one of the records that does the most quiet damage, because it reads as a crime of dishonesty to every employer, landlord and licensing board that runs a background check. It is also one of the specific offenses Missouri will not expunge.
- Statute
- § 570.090
- How it is graded
- Generally a Class D felony
How expungement works for this charge
Missouri decides what can be expunged by a fixed list of excluded offenses, not by felony class, and forgery under § 570.090 is named on that list in § 610.140. So a forgery conviction cannot be expunged, even though it is usually only a Class D felony. That catches people off guard, because most Class D felonies can be cleared. Two things are still worth doing. First, if your case did not end in a conviction, because the charge was dismissed, reduced and dropped, or you were found not guilty, that is a different situation from a conviction and is worth checking. Second, forgery rarely stands alone on a record, and the charges around it, such as stealing, bad checks or property offenses, are usually not on the excluded list, so those can often be expunged. The useful next step is to check the whole record rather than assume the forgery count closes every door.
Often eligible
- Other charges on the same record that are not on Missouri’s excluded list
- Most stealing, property, drug and public-order offenses, which can usually be cleared
- A case that did not end in a conviction, which is handled differently and worth checking
What disqualifies a case
- A forgery conviction or guilty plea, which § 610.140 specifically excludes (§ 570.090)
- Assuming it qualifies because it is only a Class D felony; Missouri excludes by offense, not by class
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 forgery expungement
Can a forgery conviction be expunged in Missouri?
Why not, if it is only a Class D felony?
Missouri decides eligibility by a fixed list of excluded offenses, not by felony class. Most Class D felonies can be expunged, but forgery is named on the excluded list, so the low class does not help here.
Is there any other way to clear a forgery conviction?
Not through expungement. A conviction Missouri will not expunge can only be addressed through a governor’s pardon, which is a separate and much narrower process.
What about the other charges on my record?
Those are usually a different story. Forgery rarely stands alone, and most of the offenses that come with it can be expunged, so it is worth checking your full record.
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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