Can a Missouri Identity Theft Charge Be Expunged?
Identity theft covers using someone else’s personal or financial information to obtain credit, goods, services or other value. It is also one of the specific offenses Missouri will not expunge.
- Statute
- § 570.223
- How it is graded
- Graded by the amount involved, from a Class B or A misdemeanor up to a Class B felony for the largest losses
How expungement works for this charge
Missouri decides what can be expunged by a fixed list of excluded offenses, not by class, and identity theft under § 570.223 is named on that list in § 610.140. That means a conviction cannot be expunged, because the exclusion attaches to the offense itself. Two things are still worth doing. First, if your case did not end in a conviction, because it was dismissed, reduced and dropped, or you were acquitted, that is a different situation and is worth checking. Second, identity theft rarely stands alone, and the related counts, such as stealing, fraudulent use of a credit device or bad checks, are usually not on the excluded list, so those can often be cleared. The useful next step is to check the whole record rather than assume the identity theft count closes every door.
Often eligible
- Other charges on the same record that are not on Missouri’s excluded list
- Related counts such as stealing or fraudulent use of a credit device, 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
- An identity theft conviction or guilty plea, which § 610.140 specifically excludes (§ 570.223)
- Assuming it qualifies because a grade seems low; 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 identity theft expungement
Can an identity theft conviction be expunged in Missouri?
Does it matter whether mine was a misdemeanor or a felony?
The exclusion is written by statute, not by grade, so the general rule is that an identity theft conviction under § 570.223 is not eligible. If your case had an unusual grade or did not end in a conviction, it is worth a specific check.
Is there any other way to clear it?
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. Identity theft 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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