Expunging a Missouri Resisting Arrest Charge
Resisting arrest almost never stands alone, and that is the key to it: the charge it came attached to usually matters more to your expungement than the resisting count itself.
- Statute
- § 575.150
- How it is graded
- Class A misdemeanor in most cases, rising to a Class E felony where the underlying arrest was for a felony or the resistance created a substantial risk
How expungement works for this charge
Standing on its own, resisting arrest is normally a Class A misdemeanor with a 1-year wait, or a Class E felony with a 3-year wait where the underlying arrest was for a felony. Both classes are inside the expungeable range. The real question is what else came out of that night. If the underlying charge is ineligible, clearing the resisting count still helps but leaves the more damaging entry in place, and it is worth knowing that before you spend a lifetime slot on it.
Often eligible
- Class A misdemeanor resisting arrest after 1 year
- Class E felony resisting arrest after 3 years
- Cases where the underlying charge was dismissed
- Charges reduced at disposition
What disqualifies a case
- Resisting charged alongside an ineligible offense
- Assault-on-a-law-enforcement-officer counts, which are analysed separately
- 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 resisting arrest expungement
Can resisting arrest be expunged if the main charge was dropped?
Often yes, and this is a common situation. A dismissed underlying charge may itself be expungeable as an arrest record, and the resisting conviction is handled on its own terms.
Is resisting arrest a felony?
Usually a Class A misdemeanor. It rises to a Class E felony where the underlying arrest was for a felony or the flight created a substantial risk of serious injury.
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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