How to Get a DWI Off Your Record in Missouri

A DWI conviction on your record can create problems for years, appearing on background checks for jobs, professional licenses, and housing applications. Missouri law does allow expungement of first-offense DWI convictions and findings of guilt, but the requirements are strict and the waiting period is long. Understanding what’s possible, what the limitations are, and whether you qualify requires looking at the specific statute that governs DWI expungement.

The law treats DWI expungement differently from other criminal offenses. Where some felonies can be expunged after three years, and many misdemeanors can be expunged after one year, Missouri requires a 10-year waiting period for alcohol-related driving offenses. And unlike general expungement law that allows multiple expungements, you only get one chance to expunge a DWI under this statute – ever.

The DWI Expungement Statute (RSMo § 610.130)

Missouri’s DWI expungement law is found in RSMo § 610.130, which is separate from the general expungement statute. According to the law:

“After a period of not less than ten years, an individual who has pleaded guilty or has been convicted for a first intoxication-related traffic offense or intoxication-related boating offense which is a misdemeanor or a county or city ordinance violation and which is not a conviction for driving a commercial motor vehicle while under the influence of alcohol and who since such date has not been convicted of any intoxication-related traffic offense or intoxication-related boating offense may apply to the court in which he or she pled guilty or was sentenced for an order to expunge from all official records all recordations of his or her arrest, plea, trial or conviction.”

This statute has very specific requirements that must all be met.

Eligibility Requirements for DWI Expungement

To qualify for expungement under RSMo § 610.130, you must meet every requirement:

Must Be a First Offense

The statute only applies to a “first intoxication-related traffic offense.” If you have any prior DWI or BWI (boating while intoxicated) convictions, you do not qualify for expungement under this statute.

Must Be a Misdemeanor or Ordinance Violation

The conviction must be a misdemeanor-level offense or a city/county ordinance violation. Felony DWI convictions are not eligible for expungement under this statute.

Cannot Involve a Commercial Driver’s License

According to RSMo § 610.130(4):

“The provisions of this section shall not apply to any individual who has been issued a commercial driver’s license or is required to possess a commercial driver’s license issued by this state or any other state.”

If you held a CDL at the time of the offense or currently hold one, you cannot expunge the conviction under this statute.

10-Year Waiting Period

At least 10 years must pass from the date of conviction before you can apply for expungement. This is significantly longer than the three-year waiting period for felonies and one-year waiting period for misdemeanors under RSMo § 610.140.

Also, for an expungement of a first intoxication-related offense, the ten-year waiting period runs from the date of the conviction or finding of guilt, whereas the waiting periods under the general expungement statute run from the date that the petitioner completed his or her sentence or term of probation.

No Subsequent Intoxication-Related Offenses

You cannot have been convicted of any additional intoxication-related traffic or boating offenses since the first conviction. Any subsequent DWI, even 15 years later, disqualifies you from expungement of the first offense.

No Other Alcohol-Related Enforcement Contacts

This is a critical requirement that goes beyond just convictions. According to RSMo § 610.130(2), the court must find that you have:

“no other subsequent alcohol-related enforcement contacts as defined in section 302.525”

Section 302.525 defines “alcohol-related enforcement contacts” broadly to include administrative license suspensions, failed or refused breath tests, and other interactions with law enforcement related to alcohol and driving – even if they didn’t result in criminal convictions.

This means a refused breath test or an administrative suspension during a traffic stop, even without criminal charges, can prevent expungement.

Nothing Pending

You cannot have any intoxication-related offenses or alcohol-related enforcement actions pending at the time of the expungement hearing.

The DWI Expungement Court Hearing Process

DWI expungement is not automatic. The statute requires a court hearing where the prosecutor can appear and object. According to RSMo § 610.130(2):

“If the court determines, after hearing, that such person has not been convicted of any subsequent intoxication-related traffic offense or intoxication-related boating offense, has no other subsequent alcohol-related enforcement contacts as defined in section 302.525, and has no other intoxication-related traffic offense or intoxication-related boating offenses or alcohol-related enforcement actions pending at the time of the hearing on the application, the court shall enter an order of expungement.”

The process typically involves:

1. Filing a petition with the court where you were convicted
2. Notice to the prosecuting attorney
3. A hearing where evidence of eligibility is presented
4. A court order if all requirements are met

What Expungement Actually Does

When a DWI expungement is granted, the statute provides significant relief:

“The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever.”

This means once expunged, you can legally deny the conviction ever occurred on employment applications, professional licensing forms, and other inquiries.

Critical Limitation: One Expungement Only

The statute explicitly states:

“A person shall only be entitled to one expungement pursuant to this section.”

You get one DWI expungement in your lifetime under this statute. If you use it and later get another DWI, that second conviction cannot be expunged.

What About Driving Records?

Here’s an important limitation many people don’t realize: even if the criminal conviction is expunged, the Missouri Department of Revenue maintains separate driving records. The DWI may still appear on your driving record maintained by the Department of Revenue for insurance and driving purposes, even after criminal expungement. However, in Missouri, driving records are “closed” records, meaning they are not public records.

Suspended Imposition of Sentence

Often, people ask whether an expungement of a first intoxication-related offense is necessary when they received a Suspended Imposition of Sentence (“SIS”) on the original case and successfully completed probation.

When a defendant receives an SIS and successfully completes probation, the case does come off their public record and is supposed to become inaccessible to the public on CaseNet. However, that is not the same thing as expunging the case.

Expungement requires the deletion or destruction of certain records and restores legal rights, whereas an SIS does not. For these reasons, often a person who got an SIS originally would still benefit from an expungement, and many of our clients on their first intoxication-related offense expungements did receive an SIS and successfully complete probation.

How Our St. Louis DWI Lawyers Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys handle both DWI defense cases and DWI expungement petitions throughout Missouri.

When working with us on expungement matters, clients benefit from:

• Experienced criminal defense attorneys who understand both DWI law and expungement procedures
• Thorough eligibility review to determine if you qualify under the strict requirements
• Investigation of your complete driving and criminal history to identify any potential barriers
• Strategic court advocacy at expungement hearings
• Clear communication through dedicated Client Care Specialists

We’ve helped many clients navigate Missouri’s DWI expungement process, and we understand how important it is to have a clean record for employment, licensing, and moving forward with your life.

Contact us today for a confidential consultation about whether DWI expungement is available in your situation.

Your defense starts with a conversation.