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New Website and Changes to Missouri Expungement Law

janssenlaw • October 2, 2022

If you’ve been to the site before, you’ve no doubt noticed that the format has changed and the overall quality is greatly improved. However, because the site was being updated I haven’t had a chance to update some of the sections with some significant changes in Missouri law. One notable change that I anticipate being the subject of appellate litigation in the near future is the 2021 amendment to Missouri’s expungement statute, RSMo. 610.140, referring to directly to the Federal Code provision prohibiting convicted felons from owning or using firearms:

For purposes of 18 U.S.C. Section 921(a)(33)(B)(ii) *** , an order or expungement granted pursuant to this section shall be considered a complete removal of all effects of the expunged conviction.

The legislature’s intent in making the change was obviously to clarify the matter of whether an expungement granted under the statute restores a persons right to possess firearms. Nevertheless, early indications are that the Federal Government is still refusing to recognize that effect.

Consider this post a placeholder that I will fill out with additional discussion and analysis once I’ve been able to research the matter further.

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