Understand Your Rights. Solve Your Legal Problems
If you or a loved one are facing arrest or criminal charges in Missouri, understanding the legal landscape is critical. The Missouri criminal justice system initiates a defined process following an arrest, which can be complex and may have significant consequences.
This guide is designed to provide a foundational understanding of the legal procedures and your rights.
We will outline the classifications of criminal charges, detail the typical stages of the legal process, and explain the fundamental rights afforded to individuals navigating the criminal justice system in Missouri.
Gaining this knowledge is essential for informed decision-making and protecting one's legal interests.
Every year, thousands of people in Missouri are charged with crimes, some serious, some less so. The most common offenses include things like driving while intoxicated (DWI), drug possession, theft, and assault. A lot of people are surprised to learn how easily a misdemeanor can turn into something much bigger depending on the situation.
For example, a first-time DWI might seem manageable, but it can lead to license suspension, mandatory classes, or even jail time. Possession of marijuana is still a chargeable offense in many areas, especially outside of Kansas City and St. Louis.
And if there’s any violence or weapon involved, even in a domestic argument, assault charges can escalate quickly.
In Missouri, criminal charges are divided into two basic categories: misdemeanors and felonies. Misdemeanors are considered less serious and typically carry lighter penalties, maybe a fine, probation, or a short stint in county jail. Felonies, on the other hand, can mean years in prison and have lifelong consequences.
Misdemeanors in Missouri are classified from A to D. A Class A misdemeanor: the most serious kind can land you in jail for up to a year and cost you up to $2,000 in fines. Lower-level misdemeanors carry shorter sentences and smaller fines, but they still go on your record.
Felonies are where things get much heavier. A Class A felony, like murder or certain types of assault, can carry up to life in prison.
Even a Class D or E felony, such as property theft or non-violent drug charges, can still mean several years behind bars. It all depends on the facts of the case and your prior record.
After someone is arrested in Missouri, the process usually begins with booking, where your personal details, fingerprints, and mugshot are taken. Then comes a bail hearing, where a judge decides whether you can be released and under what conditions.
Next is your arraignment. That’s where you’ll formally hear the charges and enter a plea. From there, your attorney may negotiate with the prosecutor or challenge parts of the case during pretrial motions. Some cases head to trial, while others are resolved through plea bargains - agreements to plead guilty to lesser charges in exchange for a reduced sentence.
If you’re convicted or accept a plea, the judge will determine your punishment. That could mean jail or prison time, probation, fines, community service, or court-ordered treatment programs. And at every step of the way, what you do and who helps you matters.
If you’re wondering whether you really need a criminal defense attorney, the answer is almost always yes. Missouri’s laws are complex, and prosecutors aren’t in the business of going easy on you.
A skilled lawyer can protect your rights, challenge weak evidence, negotiate better outcomes, and in some cases, help you avoid jail altogether.
They know the judges, the local procedures, and the arguments that work, things that can make all the difference when your future is on the line.
Need help finding someone local? You can search Missouri's criminal defense lawyer directory here to find an attorney who understands your situation.
If you can’t afford to hire a lawyer, Missouri offers public defenders. These are licensed attorneys who represent people with limited financial resources.
While many of them are deeply committed and experienced, they also carry extremely high caseloads, meaning less time to devote to each case.
That doesn’t mean you’ll be alone, but it does mean you should be prepared for limited communication or fewer opportunities to dig into complex legal strategy. If you’re able, it’s always worth exploring whether you can find a private lawyer who offers payment plans or flexible fees.
Sentencing in Missouri depends on the type of charge, your criminal history, and the details of your case. Misdemeanors can carry up to a year in jail and a few thousand dollars in fines, while felonies can lead to decades in prison.
Here’s a rough idea of what the law says:
Misdemeanors top out at 1 year in jail (Class A) and fines of $2,000 or less.
These are maximum penalties, and most first-time offenders, especially with legal help - won’t get the worst-case scenario. But it’s important to take every charge seriously from the beginning.
A criminal record can cast a long shadow - affecting your job opportunities, housing, education, and peace of mind. But in Missouri, you may have the right to clear that record through a process called expungement.
Expungement is a legal procedure that allows certain criminal records to be sealed or destroyed.
Once expunged, the record is typically no longer visible to the public, and in most situations, you’re legally allowed to say the offense didn’t happen, though there are some exceptions, such as for law enforcement, state licensing, or future court cases.
The Missouri Courts website (search for "expungement" on their site for forms and general info) and Clear My Record Missouri both offer helpful information, but here’s a simplified overview to get you started.
Not every offense qualifies. Missouri law excludes serious crimes such as:
However, many non-violent misdemeanors and lower-level felonies are eligible, especially if they happened several years ago.
Timing matters. To qualify, you must wait a set period after completing all parts of your sentence (including probation, parole, and fines):
In addition to the waiting period, you must also:
Missouri does place limits on how many records you can expunge. Currently, you’re allowed up to:
There are some exceptions, such as multiple charges from the same incident or specific marijuana offenses, but most people must stay within those limits.
The process isn’t automatic (yet). You’ll need to file a verified petition in the Circuit Court where the offense occurred. There’s usually a $250 filing fee (though you may qualify for a fee waiver), and the local prosecutor has 30 days to object.
If there’s an objection, a hearing will be scheduled. If not, and your petition meets all legal requirements, the court may grant the expungement.
It’s also worth watching for upcoming changes in Missouri law. Beginning August 28, 2025, new legislation aims to allow for automatic expungement of new eligible offenses. This would apply to records created after that date.
For existing eligible records, automatic expungement is anticipated to be phased in, with records potentially becoming closed without a petition by August 28, 2028, and older records by August 28, 2030.
This could streamline the process for many people, but for now, filing a petition is still required for most cases.
Because expungement law is detailed and constantly evolving, it’s a smart move to consult a Missouri expungement attorney. An experienced lawyer can assess your eligibility, help you prepare the paperwork, and represent you if the court hearing becomes contested.
For many people, expungement can mean the chance to start over - to apply for jobs, housing, or college without having to explain a past mistake. If you qualify, it’s an opportunity well worth pursuing.
Yes, Missouri courts often consider a person’s background when deciding how to handle their case. If this is your first time in trouble, you might be eligible for programs that keep your record clean.
Some counties offer pretrial diversion, especially for minor drug offenses. Others may use a Suspended Imposition of Sentence (SIS), where the judge holds off on entering a conviction while you complete probation. If you succeed, it’s as if the conviction never happened.
These options vary by county and by charge, but they can offer a second chance when you need it most. That’s one more reason why having a lawyer who knows the local system is so important.
Cost is a big concern and understandably so. For simple misdemeanor cases, you might pay anywhere from $1,000 to $2,500. Felony cases can range from $3,000 to $10,000 or more, depending on the complexity and whether it goes to trial.
Many defense lawyers in Missouri offer free consultations and flexible payment plans, so don’t be afraid to reach out and ask. Protecting your freedom is worth the conversation.
Time matters in criminal cases. The sooner you speak to a defense attorney, the more control you have over what happens next.
Whether you're trying to fight the charge or just understand your options, having someone in your corner can make all the difference.
👉 Browse Missouri criminal defense lawyers on Justia - many offer free consultations to help you figure out your next steps with confidence.
What happens after you get arrested in Missouri?
You’ll be booked, possibly held on bail, and taken to court for your arraignment. Depending on the charge, you may go through hearings, plea negotiations, or trial.
Can a felony be dropped to a misdemeanor in Missouri?
Yes, with legal help, some charges can be reduced as part of a plea deal, especially for non-violent offenses or first-time offenders.
How long do you have to wait to expunge a record in Missouri?
One year for most misdemeanors and municipal violations, three years for most felonies, starting after you complete your sentence.
Is jail mandatory for a first offense in Missouri?
Not always. Many first-time offenders qualify for probation, diversion programs, or suspended sentences, but outcomes vary.
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