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Is a minor in possession conviction a felony or misdemeanor?

Is a minor in possession conviction a felony or misdemeanor?

Full question:

If you are a minor and have had a minor in possession conviction not while driving, what is that classified as a felony or misdemeanor? And is that record open to employers?

Category: Criminal
Subcategory: Minors
Date: 04/07/2025
State: Missouri

Answer:

In Missouri, a minor in possession conviction is classified as a misdemeanor. According to Missouri law (RSMo § 311.325), any person under twenty-one who purchases, attempts to purchase, or possesses intoxicating liquor is guilty of a misdemeanor. This includes being visibly intoxicated or having a detectable blood alcohol content of more than 0.02 percent.

Additionally, after one year or upon turning twenty-one, a person convicted for the first time may apply to expunge their record, provided they have not been convicted of any other alcohol-related offenses since that conviction (RSMo § 311.326). If the court grants the expungement, it effectively erases the conviction from the person's record, meaning they do not have to disclose it to employers or others.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it bad to have an MIP on your record?

Having a minor in possession (MIP) conviction on your record can have negative implications. It may affect your ability to secure employment, especially in jobs that require background checks. Employers may view it as a sign of irresponsibility. However, if you successfully expunge the record after meeting the criteria, it will no longer be visible to employers. It's important to consider the potential long-term effects of any criminal record on your future opportunities.

Does a minor in possession show up on a background check?

Yes, a minor in possession (MIP) conviction can show up on a background check unless it has been expunged. Employers often conduct background checks to assess an applicant's criminal history. If the conviction is still on your record, it may be visible to potential employers, which could impact your job prospects. However, once expunged, it will not appear on most background checks.

Can a minor in possession charge be expunged?

Yes, a minor in possession (MIP) charge can be expunged in Missouri. After one year from the conviction or upon turning twenty-one, individuals may apply for expungement, provided they have not been convicted of any other alcohol-related offenses since the MIP conviction (RSMo § 311.326). If granted, the expungement will remove the conviction from your record, allowing you to answer 'no' to questions about prior convictions on job applications.

What is a class C misdemeanor?

A class C misdemeanor is a type of criminal offense that is generally less serious than higher classes of misdemeanors or felonies. In Missouri, a class C misdemeanor can result in a fine of up to $300 and/or up to 15 days in jail. Minor in possession (MIP) convictions fall under this category, which indicates that while it is a legal violation, it is not as severe as more serious crimes.

Is minor in possession a class C misdemeanor?

Yes, in Missouri, a minor in possession (MIP) of alcohol is classified as a class C misdemeanor. This means it carries less severe penalties compared to higher classifications, such as class A or B misdemeanors. The penalties for a class C misdemeanor can include fines and possible jail time, but they are generally less severe than those for more serious offenses.

What is the penalty for minor in possession of alcohol in Texas?

In Texas, a minor in possession (MIP) of alcohol is classified as a Class C misdemeanor. Penalties can include a fine of up to $500, community service, and mandatory alcohol awareness classes. Additionally, a minor may face a driver's license suspension for 30 days to 180 days if convicted. It's important to understand that penalties can vary based on the circumstances and any prior offenses.

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