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Self-Study

2024 Missouri’s Expungement Law and the conflict with the Second Amendment


Total Credits: 1.0 MCLE, 1.0 Kansas Credit, 1.0 Self Study

Practice Area:
Criminal
Format:
Audio and Video


Description

This program was originally presented at our 2024 MOSOLO Small Firm Conference, June 6-8, 2024

You successfully obtained an expungement for your client. The Judge signed the Order restoring your client to their status prior to the conviction. Job well done! But the same client contacts you soon after, indicating they tried to buy a weapon but were flagged for being a convicted felon; or indicating they were stopped for a traffic violation but then arrested as a Felon in Possession. Even though RSMo. § 610.140 (describing the process for expunging certain criminal records) does not specifically address restoring firearm rights, the District Court for the Western District of Missouri recently interpreted the statute to restore such rights. This session will explore how to advocate for clients caught in this gray area, including litigation in Federal court and filing Civil cases against the FBI to address the lack of recognition of Missouri Expunged Felonies. 

Focus points:

  • How federal systems recognize or fail to recognize expungements.
  • Addressing an influx of clients who have successfully expunged records and had rights restored, yet continue to be arrested, and are unable to purchase or possess firearms to hunt. 
  • Helpful practical tips to defend your client’s firearm rights and understand what’s being done by firms at the Federal level to correct this situation. 

Speakers: Joseph S. Passanise, Wampler & Passanise, Springfield; Craig R. Heidemann, Douglas, Haun & Heidemann, PC, Bolivar; Nickolas W. Allen, Douglas, Haun & Heidemann, PC, Springfield

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.

Materials

Speaker

Joseph Passanise's Profile

Joseph Passanise Related Seminars and Products

Wampler & Passanise


Joseph S. Passanise has more than 25 years of criminal law experience and received his Juris Doctor, with honors, from Washburn University School of Law. A frequent speaker at Missouri Bar conferences, Passanise is a member of the National College of DUI Defense and a Fellow of the American Board of Criminal Lawyers.


Craig Heidemann's Profile

Craig Heidemann Related Seminars and Products

Douglas, Haun & Heidemann, PC


Craig was born in 1969 in St. Louis, Missouri and is a top-rated Springfield personal injury lawyer. He was educated in the Hazelwood School District and the University of Tulsa and has a bachelor of arts degree in political science.  He graduated Cum Laude in 1991.Craig attended the University of Missouri-Columbia School of Law and received a Juris Doctorate degree in 1994. While at the University of Missouri-Columbia School of Law, he was a member of the Journal of Dispute Resolution and published two case notes. He was admitted to the Missouri Bar in 1994 and the Illinois Bar in 1995. Currently, he is admitted to practice before the United States District Courts for the Eastern and Western Districts of Missouri as well as the Southern District of Illinois.  He is also admitted before the Supreme Court of the United States of America and hopes to argue there one day.


Nickolas Allen's Profile

Nickolas Allen Related Seminars and Products


Nick is a partner in the litigation department at Douglas, Haun & Heidemann, P.C. in Springfield, Missouri. Nick graduated from Harding University in 2013 and received his J.D. from the University of Arkansas in 2016. Nick focuses his practice on complex litigation, including class actions and multidistrict litigation, in the areas of consumer protection, insurance, and products liability. He also represents clients in personal injury and civil rights litigation. Nick was selected to the National Trial Lawyer’s Association’s 40 Under 40 for 2023 and 2024. 


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