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The Missouri MIP law allows a minor who has pleaded guilty or found guilty of MIP for the first time to obtain an Court ordered expungement of all official records of his or her arrest, plea, trial and conviction.

*The “Expungement” of a MIP*

The “expungement” of a person’s MIP is the court-ordered removal of all official records of his or her arrest, plea, trial and conviction of MIP.

*The Legal Effect of an Expungement*

The effect of an expungement order under the MIP law is to restore a person’s legal status to that he or she had before the *arrest, plea or conviction of MIP, as if the MIP never happened. After an expungement is ordered, the person granted the expungement may not be found guilty of perjury or making a false statement by failing to acknowledge or admit the MIP arrest, plea, trial, conviction or expungement in response to any inquiry made for any purpose whatsoever.

*Who May Get an Expungement*

A person convicted of MIP under Section 325.111 may be eligible for an expungement only when all three (3) of the following requirements are met: (1) It must be the first time he or she pleaded or was found guilty of MIP, (2) a year has passed from the time he or she pleaded or was found guilty of MIP or the minor reached 21 years of age, and (3) he or she since has had no other alcohol-related convictions or “alcohol-related enforcement contacts” as defined in Section 302.525(3).

*How to Request an Expungement*

A person seeking the expungement of a MIP must apply to the Court in which he or she pleaded or was found guilty. The application for expungement must state that the applicant has met all of the legal requirements for an expungement order to be made and, therefore, that the applicant is eligible for an expungement.

A hearing takes place during which the applicant must prove to the Judge that he or she is eligible for an expungement. The Judge then makes a determination whether the applicant has proved that he or she is eligible for an expungement and, based thereon, either orders an expungement or denies the application for expungement. You should have a lawyer represent you in any application for an expungement order. Only a lawyer can protect and assert your legal rights in court. Warning: Attempting to apply for an expungement without being represented by a lawyer makes as much sense as trying to perform surgery an operation on yourself instead of going to a surgeon. Click Here for a FREE consultation and fee quote. Talk to one of our experienced lawyers about your MIP today.

Driver License Suspension / Revocation for Missouri MIP

Under the new Missouri minor in possession (MIP) Possession by Consumption law, any minor (16-20 years old) who pleads guilty to or is convicted of MIP will have his or her driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent offense.

The driver license suspension and revocation provisions may apply even in cases in which the minor never is convicted of minor in possession (MIP). For example, a suspended imposition of sentence (SIS) on plea of guilty is not a conviction. The charges are dismissed upon the successful completion of the requirements of probation. Nonetheless, the current Missouri minor in possession (MIP) law provides for the suspension or revocation of the minor’s license, even though the minor never was convicted of MIP or violating any other Missouri law.

If you have been charged with minor in possession (MIP) in Missouri, you need a lawyer. We can help you. Contact us today.

Under the old Missouri minor in possession (MIP) law, the definition of “minor in possession” applied only to the purchase, attempt to purchase or actual possession of an intoxicating liquor by a minor. Under the current law, the definition of “minor in possession” (MIP) has been expanded to include a minor who has “a detectable blood alcohol content of .02 percent” or more who is “visibly intoxicated.”

Under current Missouri law, a minor in Missouri may be arrested for, charged with and convicted of minor in possession (MIP) even if he or she is not in actual possession of any alcohol at the time of the arrest. The new minor in possession (MIP) law’s definition of “possession” has been expanded to include either 1) having a very small amount of alcohol (1/4 the legal limit for adults to drive) in one’s system; or 2) merely appearing intoxicated.

The provision of Missouri’s new minor in possession (MIP) law that expands the definition of “possession” to include having alcohol in one’s system makes “possession by consumption” a crime in Missouri and is why the new law is referred to as the new MIP “Possession by Consumption” law.

Missouri’s Minor in Possession (MIP) statute became effective August 28, 2005, and expanded the definition of “possession” to include “possession by consumption” and appearing “visibly intoxicated.”

Missouri’s MIP “possession by consumption” law now provides that minors (16-20 years old) who plead guilty, or are convicted of minor in possession (MIP) will have their driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense, and revoked for a year for the 3rd or any subsequent MIP offense. An suspended imposition of sentence (SIS) has the same impact on a minor’s driver license as a conviction.

The current Missouri minor in possesion (MIP) law provides for the Expungement of a MIP conviction when specific requirements are met. The “expungement” of a MIP conviction is the court-ordered removal of all official records of the arrest, plea, trial and conviction relating to the MIP. The effect of an expungement under Missouri minor in possession (MIP) law is to restore a person’s legal status to that he or she had before the arrest, plea or conviction of MIP, as if the MIP never happened.

*Introduction to Missouri’s MIP Law

*Missouri MIP Law “Possession by Consumption” & “Visibly Intoxicated”

*Driver License Suspension & Revocation for Missouri Minor in Possession (MIP)

*Expungement of a Conviction for Minor in Possession (MIP) in Missouri

*Missouri MIP “Possession by Consumption” Statutes