Expunging a Missouri Trespassing Charge
Trespassing is one of the few charges where the grading can actually work in your favour, because second-degree trespass is an infraction, and infractions do not count against your lifetime expungement limits at all.
- Statute
- § 569.140
- How it is graded
- First-degree trespass is a Class B misdemeanor; second-degree trespass is an infraction
How expungement works for this charge
That distinction is the whole analysis. First-degree trespass under § 569.140 is a Class B misdemeanor: 1-year wait, and it consumes one of your three misdemeanor slots. Second-degree trespass under § 569.150 is an infraction, and under § 610.140 infractions are expungeable without counting against any cap. If you are weighing several old charges and deciding which to file, an infraction is close to free, so it is usually worth clearing first.
Often eligible
- First-degree trespass after the 1-year waiting period
- Second-degree trespass, which does not count against your caps
- Municipal trespass and ordinance equivalents
- Charges dismissed or never filed after arrest
What disqualifies a case
- Trespass charged alongside burglary or an ineligible offense
- Unpaid fines or court costs
- 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 trespassing expungement
Does trespassing count against my lifetime expungement limit?
First-degree trespass is a misdemeanor and counts against the 3-misdemeanor cap. Second-degree trespass is an infraction, and infractions are not capped.
Can I expunge trespassing if it came with another charge?
Often yes, but the other charge drives the analysis. If it was burglary the picture is very different, which is what the free review sorts out.
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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