Expunging a Missouri Property Damage Charge
Property damage charges usually come out of a single bad night, and like stealing they are graded by dollar amount, so the number in the police report ends up driving your entire expungement timeline.
- Statute
- § 569.120
- How it is graded
- Class B misdemeanor for second-degree damage, rising to a felony in the first degree or at higher dollar values
How expungement works for this charge
Second-degree property damage under § 569.120 is normally a misdemeanor with a 1-year wait. First-degree damage under § 569.100 is a felony and carries the 3-year wait plus one of your two lifetime felony slots. Restitution is the usual sticking point, because these cases almost always carry a repair figure, and the waiting period does not begin until it is paid off in full. If the damage was to a vehicle or a business, the restitution order is often larger than people remember agreeing to.
Often eligible
- Second-degree property damage after the 1-year wait
- First-degree property damage charged as a Class C, D or E felony
- Cases where restitution has been paid in full
- Charges dismissed or never filed after arrest
What disqualifies a case
- Any outstanding restitution balance
- Damage counts charged as a Class A or B felony
- Property damage charged alongside an ineligible offense
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 property damage expungement
Is property damage a felony in Missouri?
It depends on the degree and the dollar value. Second-degree damage is normally a misdemeanor; first-degree damage is a felony. That single distinction changes your wait from one year to three.
What if I still owe restitution?
The waiting period has not started. Restitution is part of completing the disposition, so paying off the balance is the first step, and the clock runs from there.
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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