Expunging a Missouri Stealing Charge
Stealing is the charge behind most shoplifting, larceny and theft cases in Missouri, and it is one of the most common records we clear. Because the offense is graded by value, two people with the same charge name can face very different eligibility.
- Statute
- § 570.030
- How it is graded
- Class D misdemeanor up to a Class B felony, graded mainly by the value of what was taken and by your prior stealing convictions
How expungement works for this charge
The grading is what matters. A low-value stealing charge is usually a misdemeanor, which carries the 1-year waiting period and counts against the 3-misdemeanor lifetime cap. Once the value or your prior record pushes it to a felony, it becomes a 3-year wait and consumes one of only two lifetime felony slots. Class C, D and E felony stealing is generally expungeable; the analysis changes if the charge was elevated to a Class A or B felony. Restitution matters more here than on almost any other charge: the waiting period does not start until it is paid in full, so an unpaid balance from years ago can quietly reset your clock.
Often eligible
- Misdemeanor stealing and shoplifting after the waiting period
- Class C, D and E felony stealing
- Cases where you completed probation and paid all restitution
- Charges that were dismissed or never filed after arrest
What disqualifies a case
- Stealing elevated to a Class A or B felony
- Any stealing count charged as a dangerous felony
- Outstanding restitution or court costs on the case
- 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 stealing expungement
Can shoplifting be expunged in Missouri?
Shoplifting is normally charged under the stealing statute, § 570.030. As a misdemeanor it is generally expungeable one year after you finish the entire sentence, including paying all fines and restitution.
Does unpaid restitution stop an expungement?
Yes. The waiting period runs from completion of the whole disposition, and that includes restitution. An unpaid balance means the clock has not started, no matter how long ago the case was.
I have two stealing convictions. Can both be cleared?
Possibly. Missouri allows up to three misdemeanor and two felony expungements in a lifetime. If both are misdemeanors you are within the cap. We help you decide what to file and in what order.
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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