Expunging a Missouri Peace Disturbance Charge
Peace disturbance covers a wide range of conduct, from a loud argument to a public confrontation, and it is one of the charges people are most surprised to find still sitting on their record years later.
- Statute
- § 574.010
- How it is graded
- Class B or Class A misdemeanor, depending on the circumstances and any prior peace disturbance convictions
How expungement works for this charge
This is a comparatively clean expungement. It is a misdemeanor, so the waiting period is one year from completion of the sentence, and it is not in any of the excluded categories. The two things worth checking are whether the charge was filed in municipal court rather than state court, which changes where the petition goes, and whether it was pleaded down from something more serious, because the original charge does not control but the disposition does.
Often eligible
- Misdemeanor peace disturbance after the 1-year wait
- Municipal peace disturbance and ordinance equivalents
- Charges reduced to peace disturbance from a more serious offense
- Cases dismissed or never filed after arrest
What disqualifies a case
- Unpaid fines or court costs
- A new conviction during the waiting period
- A pending charge anywhere in Missouri
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 peace disturbance expungement
How long until I can expunge peace disturbance?
Generally one year after you complete the entire sentence, including paying all fines and court costs, with no new convictions in that time.
Does a municipal peace disturbance charge count against my limit?
Ordinance violations that carry possible jail time count against the same 3-misdemeanor lifetime cap. Infractions do not count.
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.
Find out if your record qualifies, free.
Answer a few quick questions and we’ll tell you where you stand, usually within one business day. No cost, no obligation.