Criminal Forms

Criminal Forms


Several forms are available for use in various criminal legal actions, such as those relating to bondsmen, expungement and correction of records. NOTE: Court clerks cannot provide assistance in completing any of these forms.

Below is the name, description and purpose of each form available on this website:

General Affidavit of Qualifications (Attorney-In-Fact): This form is filed with the court advising that an individual has the authority to write bail bonds on behalf of a surety company licensed by the Department of Insurance.

      (Updated 11/05/13)

General Affidavit-Questionnaire (Bondsman): This form is filed with the court to advise that an individual is legally qualified to write bail bonds and has enough assets (property and cash) to cover the bonds that are written.

      (Updated 11/05/13)

Special Affidavit of Qualification (Surety Bond-General Affidavit Filed and Current): This form is used when a General Affidavit of Qualifications (Attorney-In-Fact) form and General Affidavit-Questionnaire (Bondsman) form is filed with the court.

This form must be filed with every bond written during the month covered by the general affidavit.
      (Updated 11/05/13)

Petition for Expungement of Arrest Records: This form is used to ask the court to order agencies that have arrest records pertaining to a specific incident in which the applicant was involved to destroy those records. All agencies that may have records must be identified by checking the appropriate box(es).

Note: This form should not be used to ask for an expungement under section 610.130, RSMo.
 
      (Updated 01/04/17)

Petition for Expungement - Section 610.140, RSMo: Effective January 1, 2018. This form is used to ask the court to order agencies that have arrest/plea/trial/conviction(s) pertaining to specific incidents in which the applicant was involved to close those records pursuant to section 610.140, RSMo. All agencies that may have records must be identified by checking the appropriate box(es) under "Defendant(s)." A $250 surcharge will be assessed when the petition is filed with the court. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs. Motion and Affidavit in Support of Request to Proceed as a Poor Person may be filed with the petition. The motion can be found at: https://www.courts.mo.gov/page.jsp?id=526.

The following offenses, violations, and infractions are not eligible to be expunged under this section:

  • Any class A felony offense;
  • Any dangerous felony as that term is defined in section 556.061;
  • Any offense that requires registration as a sex offender;
  • Any felony offense where death is an element of the offense;
  • Any felony offense of assault; misdemeanor or felony offense of domestic assault; or felony offense of kidnapping;
  • Any offense listed, or previously listed, in chapter 566 or section 105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425, 217.360*, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035, 565.084**, 565.085**, 565.086**, 565.095**, 565.120, 565.130, 565.156, 565.200**, 565.214*, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032, 568.045, 568.060, 568.065, 568.080**, 568.090**, 568.175. 569.030**, 569.035**, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067*, 569.072**, 569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180, 570.223, 570.224, 570.310, 571.020, 571.030, 571.060, 571.063, 571.070, 571.072, 571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095, 575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 575.230, 575.240, 575.350*, 575.353, 577.078, 577.703, 577.706, 578.008**, 578.305**, 578.310**, or 632.520;
  • Any offense eligible for expungement under section 577.054** or 610.130;
  • Any intoxication-related traffic or boating offense as defined in section 577.001, or any offense of operating an aircraft with an excessive blood alcohol content or while in an intoxicated condition;
  • Any ordinance violation that is the substantial equivalent of any offense that is not eligible for expungement under this section; and
  • Any violations of any state law or county or municipal ordinance regulating the operation of motor vehicles when committed by an 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.

*The section was repealed by S.B. 491, 2014, effective January 1, 2017.
**The section was transferred by S.B. 491, 2014, effective January 1, 2017.

The following criteria for each of the offenses, violations, or infractions listed in the petition for expungment must be met. If the court determines the criteria for all offenses listed in the petition for expungement, or the petitioner has knowingly provided false information in the petition, the petition will be dismissed by the court and you cannot refile another petition until a year has passed since the filing of the first petition.

  • It has been at least seven years if the offense if a felony, or at least three years if the offense is a misdemeanor, municipal offense, or infraction from the date the petitioner completed any authorized disposition imposed under section 557.011 for each offense, violation, or infraction listed in the petition;
  • The person has not been found guilty of any other misdemeanor or felony, not including violations of the traffic regulations provided under chapters 304 and 307, during the time period specified for the underlying offense, violation, or infraction in subdivision (1) of this subsection;
  • The person has satisfied all obligations relating to any such disposition, including the payment of any fines or restitution;
  • The person does not have charges pending;
  • The petitioner's habits and conduct demonstrate that the petitioner is not a threat to the public safety of the sate; and
  • The expungement is consistent with the public welfare and the interests of justice warrant the expungement.
A person who has been granted an expungement of records pertaining to a misdemeanor or felony offense, an ordinance violation, or an infraction may answer "no" to an employer's inquiry into whether the person has ever been convicted of a crime if, after the granting of the expungement, the person has no public record of a misdemeanor or felony offense, an ordinance violation, or an infraction. The person, however, shall answer such an inquiry affirmatively and disclose his or her criminal convictions, including any offense or violation expunged under this section or similar law, if the employer is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations.

Notwithstanding the provisions to the contrary, a person granted an expungement shall disclose any expunged offense, violation, or infraction when the disclosure of such information is necessary to complete any application for:

  • A license, certificate, or permit issued by this state to practice such individual's profession;
  • Any license issued under chapter 313 or permit issued under chapter 571;
  • Paid or unpaid employment with an entity licensed under chapter 313, any state-operated lottery, or any emergency services provider, including any law enforcement agency;
  • Employment with any federally insured bank or savings institution or credit union or an affiliate of such institution or credit union for the purposes of compliance with 12 U.S.C. Section 1829 and U.S.C Section 1785;
  • Employment with any entity engaged in the business of insurance or any insurer for the purpose of complying with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or other similar law which requires an employer engaged in the business of insurance to exclude applicants with certain criminal convictions from employment; or
  • Employment with any employer that is required to exclude applicants with certain criminal convictions from employment due to federal or state law, including corresponding rules and regulations.
A person may be granted more than one expungement under this section provided that during his or her lifetime, the total number of offenses, violations, or infractions for which orders of expungement are granted to the person shall not exceed the following limits:

  • Not more than two misdemeanor offenses or ordinance violations that have an authorized term of imprisonment; and
  • Not more than one felony offense.
Note: This form should not be used to ask for an expungement under section 610.130, RSMo.

     (Updated 12/19/17)

Petition for Correction of Arrest/Court Records - Identity Theft: This form is used by a person who is the victim of false impersonation and whose identity has been falsely reported in arrest and court records. This form should be filled out in its entirety and filed with the court in the county where the false arrest or court records exist.

     (Updated 11/05/13)

 
Petition for Expungement - Mistaken Identity: This form is used by a person who is named in a charge for an infraction or offense, whether a misdemeanor or felony, as a result of mistaken identity and whose case has been dismissed for an order to expunge under the procedures set forth in section 610.145, RSMo. Mistaken identity is defined as the erroneous arrest of a person for an offense as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the offense, misinformation provided by law enforcement as to the identity of the person who committed the offense, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the offense. This form should be filled out in its entirety and filed with the court in the county where the mistaken identity arrest or court records exist.

     (Updated 08/28/17)