Overview Description

Records relating to an arrest or charge in a case involving stolen or mistaken identity can be expunged by the court immediately. Mo. Rev. Stat. §§575.120, 610.145

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The person wrongly named as the perpetrator can file a petition in the court where the proceedings took place. A prosecutor or other judicial officer shall notify the court when dismissing charges involving stolen or mistaken identity. For specific procedure, see Mo. Rev. Stat. §§575.120, 610.145.

Fees

There is no fee. Mo. Rev. Stat. §610.145(5).

Effect

A person cannot be held guilty of perjury or making a false statement for failure to acknowledge any expunged records. Mo. Rev. Stat. §610.145(2).

Forms

https://www.courts.mo.gov/file.jsp?id=58444

https://www.courts.mo.gov/file.jsp?id=116396

Waiting Periods

The petition can be filed anytime after disposition of the case.

(non-prod server)