Purge Letters, Expungements, Set-Asides, and More — With Samples and Statutes
How do I remove points from my Missouri driving record?
Points in Missouri automatically reduce over time: one-third after one year, two-thirds after two years, and complete removal after three clean years (RSMo § 302.306). But this only applies to points—not to the conviction itself.
How do I remove a DWI, Driving While Suspended, or other serious offense?
These require legal action, not just waiting. Below is a step-by-step guide including tools you can use: purge letters, expungement, motions to set aside, and sample court petitions.
Missouri’s Point System at a Glance
Understanding how points are assessed is the first step toward cleaning up your driving record. The Missouri Department of Revenue assigns a specific number of points for each type of violation:
| Violation | Points Assessed |
|---|---|
| Speeding (municipal) | 2 |
| Speeding (state patrol) | 3 |
| No Insurance | 4 |
| Careless Driving | 4 |
| Driving While Suspended | 12 |
| First-Offense DWI | 8 |
These points can quickly add up. If you accumulate:
- 4+ points in 12 months: You’ll receive a warning letter
- 8+ points in 18 months: Expect a license suspension
- 12+ points in 12 months: You’ll be suspended for 30–90 days
- 24+ points in 36 months: Your license may be revoked (RSMo § 302.304)
Option 1: Submit a Purge Letter
A purge letter is a written request asking the Missouri Department of Revenue to remove a resolved traffic conviction. This is not guaranteed, but it can work if:
- The violation is more than five years old
- You’ve had no new violations
- All fines and suspensions have been fully resolved
Sample Purge Letter:
pgsqlCopyEdit[Your Full Name]
[Your Address]
[City, State ZIP]
[Date]
Missouri Department of Revenue
Driver License Bureau
P.O. Box 200
Jefferson City, MO 65105-0200
RE: Request to Purge Driving Record – DL #[Your DL Number]
Dear Sir or Madam,
I respectfully request the removal of the following entry from my Missouri driving record:
- Violation: [e.g., Careless Driving]
- Date: [MM/DD/YYYY]
- Location: [City/County]
This violation is more than five years old, has been fully satisfied, and I have remained violation-free since. I request that this be removed from my driving record under Department procedures.
Thank you for your consideration.
Sincerely,
[Your Name]
Option 2: Petition for Expungement
When a purge letter isn’t enough—especially for more serious offenses like DWI—expungement may be the right solution. This formal legal process can remove convictions from public view and driving history.
DWI Expungement – § 610.130 RSMo:
- First-time misdemeanor DWI only
- 10 years must have passed
- No new alcohol-related convictions
- Not eligible if you held a CDL
General Expungement – § 610.140 RSMo:
- Misdemeanors: 3-year wait
- Felonies: 7-year wait
- Must have completed all sentences and fines
- No new convictions or pending charges
Sample Petition for Expungement:
pgsqlCopyEditIN THE CIRCUIT COURT OF [COUNTY], MISSOURI
In Re: [Your Full Name] )
Petitioner, )
) Case No. __________
vs. )
)
STATE OF MISSOURI, )
Respondent. )
PETITION FOR EXPUNGEMENT UNDER § 610.140 RSMo
COMES NOW the Petitioner and respectfully requests the Court expunge the following criminal record(s):
1. Petitioner was charged and convicted of [Offense] in [Court Name], on [Date].
2. Said offense is eligible for expungement under § 610.140 RSMo.
3. More than [3/7] years have passed since Petitioner completed their sentence.
4. Petitioner has not been convicted of any other criminal offense during that time.
5. Petitioner has paid all fines and satisfied all conditions of sentence.
WHEREFORE, Petitioner requests that the Court grant this petition and order all applicable agencies to expunge the record of the above-referenced conviction.
Respectfully Submitted,
/s/ [Your Name]
[Address]
[Phone Number]
[Email Address]
Option 3: Motion to Set Aside Conviction
This option is ideal if you didn’t have legal representation, didn’t understand your plea, or had your rights violated.
Sample Motion:
lessCopyEditIN THE CIRCUIT COURT OF [COUNTY], MISSOURI
[Your Name],
Petitioner,
v. Case No. [XXXX-CRXXXX]
STATE OF MISSOURI,
Respondent.
MOTION TO SET ASIDE CONVICTION
COMES NOW Petitioner and respectfully states:
1. Petitioner was convicted of [offense] on [date].
2. Petitioner did not have counsel and was unaware of the long-term legal consequences.
3. Petitioner has been violation-free since the incident.
4. The conviction imposes ongoing harm to employment, licensing, or insurance.
WHEREFORE, Petitioner respectfully requests that the Court set aside the conviction, notify the Department of Revenue to remove it from the driving record, and grant any further relief deemed just.
Respectfully,
/s/ [Your Name]
[Address]
[Phone]
[Email]
Option 4: Trial de Novo (Municipal Court Convictions)
If you were convicted in a municipal court, Missouri law (RSMo § 479.200) gives you 30 days to request a brand-new trial in circuit court. This is especially helpful if the original hearing felt rushed, unfair, or was handled without a lawyer.
Sample Request for Trial de Novo:
pgsqlCopyEditIN THE CIRCUIT COURT OF [COUNTY], MISSOURI
[Your Name],
Appellant,
v. Case No. [MUNICIPAL CASE NUMBER]
CITY OF [CITY NAME],
Respondent.
NOTICE OF TRIAL DE NOVO
COMES NOW the Appellant and hereby provides notice of request for a trial de novo pursuant to § 479.200 RSMo. The underlying case was adjudicated in the Municipal Division of [City Name] on [Date].
This notice is timely filed within 30 days of the entry of judgment.
Respectfully Submitted,
/s/ [Your Name]
[Address]
[Phone Number]
[Email Address]
Supporting Case Law
- State v. Davis, 985 S.W.2d 843 (Mo. App. 1998) – DWI reversed due to lack of probable cause
- City of Kansas City v. Franklin, 401 S.W.3d 532 (Mo. App. 2013) – Conviction reversed due to improper complaint
- State v. Pike, 162 S.W.3d 464 (Mo. banc 2005) – Conviction vacated based on invalid waiver of trial rights
Summary and Next Steps
Cleaning up your Missouri driving record can feel overwhelming, but understanding your legal options makes the process manageable. Each remedy has its own requirements and timelines:
| Offense Type | Legal Remedy | Waiting Period |
|---|---|---|
| Minor Violation | Purge Letter to DOR | 5+ years |
| First-Time DWI | Expungement (610.130) | 10 years |
| Misdemeanor/Felony | Expungement (610.140) | 3 / 7 years |
| Unfair Conviction | Motion to Set Aside | Case-by-case |
| Municipal Judgment | Trial de Novo | Within 30 days |
No single option fits every situation. Your choice depends on the type of offense, the time that has passed, and whether your rights were protected during the original case. If you’re unsure which path is best—or if you simply want help navigating this maze—reach out.
Need help cleaning up your Missouri driving record?
Whether you’re dealing with points, an old DWI, a suspended license, or a conviction that never should have stuck, we’re here to guide you through your legal options.
102 N. Main St., Palmyra, MO 63461
(573) 769-6155
eric@bondlawfirm.com
www.bondlawfirm.com
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