Expunging a Missouri Credit or Debit Card Fraud Charge
Using a credit or debit card that is stolen, forged, cancelled or otherwise not yours to use is charged in Missouri as fraudulent use of a credit or debit device. Because it is graded by the dollar amount, an otherwise similar case can be a misdemeanor for one person and a felony for another.
- Statute
- § 570.130
- How it is graded
- Class A misdemeanor when the value is under $750 in any 30-day period, and a Class E felony at $750 or more
How expungement works for this charge
The dollar figure decides almost everything here. Under $750 in a 30-day window the charge is a Class A misdemeanor, carrying the 1-year waiting period and one of your three misdemeanor slots. At $750 or more it becomes a Class E felony, which moves you to the 3-year wait and one of only two lifetime felony slots. Class E felony is comfortably inside the expungeable range, so most of these cases qualify once the time has passed. As with any financial charge, restitution is the quiet catch: the waiting period does not start until every dollar of restitution and court cost is paid, so an old unpaid balance can hold the clock at zero.
Often eligible
- Misdemeanor credit or debit card fraud after the 1-year wait
- Class E felony cases after the 3-year wait
- Cases where probation is complete and all restitution is paid
- Charges dismissed or never filed after an arrest
What disqualifies a case
- A related count charged under a more serious fraud, forgery or identity-theft statute
- Outstanding restitution or court costs on the case
- A pending charge anywhere in Missouri
- A new conviction during the waiting period
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 fraudulent use of a credit or debit device expungement
Can a credit card fraud charge be expunged in Missouri?
Usually, yes. Fraudulent use of a credit or debit device under § 570.130 is a Class A misdemeanor under $750 and a Class E felony at $750 or more, and both fall inside the expungeable classes once the waiting period passes and all restitution is paid.
Is the felony version still expungeable?
Generally yes. At $750 or more the charge is a Class E felony, which is well within the classes Missouri lets you expunge, subject to the 3-year wait and the 2-felony lifetime cap.
Does paying the money back matter?
A great deal. The waiting period runs from completion of the entire sentence, and that includes restitution. Until the balance is paid in full the clock has not started, no matter how old the case is.
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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