Missouri Arrest Records
Arrest records in Missouri are official records that document an individual's interactions with law enforcement in the state. These records typically contain information related to an individual's arrest, such as the date and location of the arrest, the nature of the alleged crime, and the details of the arresting officer or agency.
Employers, landlords, and others may utilize arrest records, often part of a person's Missouri criminal record, for application screening or to make housing or employment choices. Additionally, law enforcement officials in Missouri may use arrest records for investigating crimes or making arrests.
The arresting agency usually keeps and generates them whenever an arrest is made. But the Missouri State Highway Patrol (MSHP) maintains the official records of Missouri arrests.
Aside from arrest information, these records may include the following information:
- Details about the person's identity, such as their name, date of birth, known aliases, mugshot, and physical description
- Filed charges against the person
- Details about the outcome of any court proceedings, such as convictions, acquittals, or dismissals
- Information about any fines, penalties, or other legal consequences resulting from the arrest
- Information about any warrants or other legal actions related to the case
Missouri Arrest Records are public records under the Missouri Sunshine Law. This law requires all public records, including arrest records, to be made available upon request, subject to certain exceptions and restrictions.
Some records may be exempt from disclosure if they fall under specific exemptions, such as records that relate to ongoing criminal investigations or that contain sensitive personal information that may be used for identity theft or other fraudulent purposes. Furthermore, state courts restrict juvenile and sealed records.
What Laws Govern Arrests in Missouri?
Arrests are an integral part of the criminal justice system, and they serve as a crucial tool for law enforcement officials to maintain law and order in Missouri.
The primary law governing arrests in Missouri is Chapter 544 of Missouri Revised Statutes (RSMo).
According to this law, a police officer may arrest an individual if they have an arrest warrant issued by a judge. The officer may also arrest an individual without a warrant if they have probable cause and witness the individual committing a felony.
RSMo requires a law enforcement officer to advise an arrestee of their rights before or during the arrest. These rights include the right to remain silent and the right to an attorney. Failing to inform the individual of their rights can result in excluding their arrest statements.
Another law that regulates arrests in Missouri is the U.S. Fourth Amendment. It forbids law enforcement from conducting unreasonable searches and seizures and mandates that a judge issue a warrant based on probable cause before arresting an individual. Nevertheless, there are exceptions to this rule, such as when an officer witnesses a crime in progress.
Lastly, the Missouri Constitution provides protections against unlawful arrests. Article I, Section 15 of the Missouri Constitution declares that the state cannot strip a person of their liberty without following the due legal process. It means that law enforcement cannot arrest an individual without a judge issuing an arrest warrant based on probable cause.
What Is the Arrest Booking Process in Missouri?
The arrest booking process is the first step in the criminal justice system after law enforcement officers take a person into custody. It is a critical process that involves several steps and can take a significant amount of time.
Here's a closer look at the arrest booking process in Missouri:
Identification
When someone gets arrested in Missouri, police first identify them. The arresting officers will ask the individual for their personal information, such as their name, date of birth, and address. They will also take photographs and fingerprints of the individual.
The purpose of identification is to ensure that law enforcement officers have accurate information about the person they have arrested. The fingerprints and photographs are stored in a database and may be used to identify the person afterward.
Criminal History Check
A criminal history check aims to determine if the individual has any outstanding warrants or prior convictions.
To conduct a criminal history check, law enforcement officers will use a variety of databases and search tools to gather information about the individual. They will check local, state, and federal databases to determine whether the individual has active warrants or prior convictions.
If the individual has a prior conviction, law enforcement officers will also check to see if they are on probation or parole. This information is essential because it can affect the individual's release from custody.
Search and Property Inventory
The arresting officers will search the booked individual for weapons, illegal substances, or other contraband that could harm themselves or others.
Once the search is complete, the officers will typically conduct a property inventory of any other items the individual has with them.
Detention
Once an individual is arrested and booked, they may be held in a detention facility while they await their bail hearing or trial.
During their detention, the individual may have access to legal counsel, who can advise them on their rights and help them navigate the legal system. Additionally, they may be allowed to receive visits from family members or friends, although these visits may be subject to certain restrictions and protocols.
Charging
In Missouri, the charging process is critical to the arrest booking procedure. It determines the specific criminal charges that will be filed against the individual and sets the stage for their legal defense.
The arresting officers will typically consult with a prosecutor to determine the appropriate charges based on the evidence gathered during the arrest. It may involve reviewing witness statements, physical evidence, and other documentation related to the incident.
After determining the charges, the authorities will formally inform the individual and grant them the opportunity to enter a plea (guilty, not guilty, or no contest).
A plea typically refers to the defendant's response to the charges against them.
Bail
In Missouri, the bail system permits the release of defendants before trial.
The authorities typically schedule a bail hearing to determine the amount required for the individual's release. The bail amount will depend on several factors, including the severity of the charges, the individual's criminal history, and their perceived flight risk.
If the defendant cannot pay the entire bail sum, they may be able to post a portion of it, often via a bond dealer.
Release
If they can post bail, either total or in part via a bond dealer, they may be freed awaiting trial. In some cases, they may also be released on their recognizance, meaning they can leave without having to post bail, but must still return for their court date.
After releasing the individual, the authorities may subject them to certain conditions, such as house arrest or travel restrictions, depending on the severity of their charges and a perceived flight risk.
Individuals can challenge their arrest in court if they believe it to be unlawful. A judge will then evaluate the legality of the arrest and decide whether any evidence obtained due to the arrest should be admissible in court.
What Are Missouri Mugshot Records?
Often part of the Missouri Arrest Records, mugshot records refer to photographs taken by law enforcement agencies while booking an individual arrested for a criminal offense. These records provide a visual record of a person's arrest and can be used as evidence in court proceedings.
Mugshots are typically taken from different angles to provide a comprehensive view of the individual's face and other distinguishing features. In addition to photographs, Missouri Mugshot Records may include the individual's personal information, such as their name, age, address, and the charges they face.
The purpose of these records is primarily to assist law enforcement authorities in their investigations and to help identify suspects who may have committed a crime. The media also use mugshots to report on arrests and the general public to see if someone they know has been arrested.
In Missouri, mugshots are public documents. Following the RSMo 407.1150, it is unlawful for anyone who distributes or publishes mugshots to demand or accept a fee or other form of money from a person to modify or remove a mugshot.
With its Offender Search tool, the Missouri Department of Corrections (MDOC) allows internet access to mugshots of incarcerated criminals. Similarly, the MSHP manages the Sex Offender Registry, which contains photographs and other information on sex offenders living in Missouri.
You can also contact the law enforcement agency where the arrest occurred and request a copy of the mugshot record. You may need to provide some identifying information, such as the name and date of birth of the individual in question, and pay a fee to obtain the record.
How Long Does an Arrest Record Stay in Missouri?
Generally, arrest records in Missouri stay on file indefinitely, but this is subject to some limitations. For example, if the person arrested is found not guilty of the crime or the charges are dropped, the record will usually be deleted.
Additionally, the record may be sealed after a certain period if the person has a misdemeanor conviction. In some cases, Missouri law also permits the expungement of felony records.
Expungement is having your criminal record sealed or erased, which can help you move on from your past mistakes and start fresh.
How To Expunge an Arrest Record in Missouri
Having an arrest record can significantly impact a person's life in Missouri. It can limit job opportunities and housing options and even affect their ability to obtain credit. Fortunately, state law provides a mechanism for individuals to have their Missouri Arrest Records expunged.
Expungement allows individuals to erase their arrest or criminal record, which means that the record will be sealed from the public and not accessible to potential employers or landlords.
The first step in expunging an arrest record in Missouri is to determine if you are eligible. Missouri law allows for the expungement of certain criminal records under specific circumstances.
Generally, individuals can have their arrest record expunged if the charges were dismissed or they were found not guilty. Individuals arrested but never charged with a crime or who completed a diversion program may also be eligible for expungement.
But if the arrest resulted in a conviction, not all crimes are eligible for expungement. As per RSMo section 610.140, some of the ineligible crimes are as follows:
- Class A felonies
- Felony assault offenses
- Death-related crimes
- Felonious kidnapping
- Sex offenses
- Domestic assault felonies or misdemeanors
Missouri requires specific criteria to expunge an arrest with a conviction or also known as a criminal record. These criteria include:
- Settling all fines associated with the offense
- Completing the entire sentence, including any probation or parole requirements
- Waiting for a specific period, which is one year for a misdemeanor and three years for a felony, from the date of completion of the sentence
- Not convicted of any additional crimes during the waiting period
In Missouri, individuals may only expunge one felony and two misdemeanors.
Expungement Process of Arrest Records in Missouri
Once eligible for expungement, the next step is to file a petition with the court. You can file the CR 145 Petition for no conviction arrest records. If the arrest resulted in a conviction, file the CR300 Petition. For other relevant expungement forms, check this page.
You can file for arrest or criminal records expungement with the Circuit Court in the county where the arrest or conviction occurred
After you file your petition, the court will schedule a hearing. The judge will review your petition at the hearing and determine if you are eligible for expungement. The judge may ask you questions about your criminal history and why you believe you deserve to have your record expunged.
If the judge grants your petition, your arrest or criminal record will be sealed and no longer accessible to the public. However, certain government agencies, such as law enforcement and courts, may still have access to your arrest or criminal record.
How To Search Missouri Arrest Records
If you are looking to search for Missouri Arrest Records, there are several options you can take.
One of the most prevalent venues to start your search for arrest records in Missouri is the Criminal Justice Information Services (CJIS) Division of the MSHP.
The CJIS maintains a statewide criminal history database, including arrest and conviction records. You can request a copy of your criminal history record, or someone else's record, through its Missouri Automated Criminal History Site (MACHS) or the Criminal Record Check.
Another way to access Missouri Arrest Records is by contacting the local law enforcement agency that made the arrest. It may include the police department, sheriff's office, or other law enforcement agency in the area where the arrest occurred.
To access the record, you may need to provide identifying information about the person you are searching for, such as their name, date of birth, or other relevant information.
If you cannot obtain the arrest record through the MSHP or local law enforcement agency, try accessing court records. The Missouri State Court System maintains criminal court records that may include arrest records. You can search for arrest records in the state by name, case number, or other identifying information through the Missouri Case.net website.
It is worth noting that while Missouri permits individuals to view their own arrest or criminal history records, the state and federal laws prohibit access to the arrest or criminal history of others without their consent.
Counties in Missouri
- Adair
- Andrew
- Atchison
- Audrain
- Barry
- Barton
- Bates
- Benton
- Bollinger
- Boone
- Buchanan
- Butler
- Caldwell
- Callaway
- Camden
- Cape Girardeau
- Carroll
- Carter
- Cass
- Cedar
- Chariton
- Christian
- Clark
- Clay
- Clinton
- Cole
- Cooper
- Crawford
- Dade
- Dallas
- Daviess
- Dekalb
- Dent
- Douglas
- Dunklin
- Franklin
- Gasconade
- Gentry
- Greene
- Grundy
- Harrison
- Henry
- Hickory
- Holt
- Howard
- Howell
- Iron
- Jackson
- Jasper
- Jefferson
- Johnson
- Knox
- Laclede
- Lafayette
- Lawrence
- Lewis
- Lincoln
- Linn
- Livingston
- Macon
- Madison
- Maries
- Marion
- Mcdonald
- Mercer
- Miller
- Mississippi
- Moniteau
- Monroe
- Montgomery
- Morgan
- New Madrid
- Newton
- Nodaway
- Oregon
- Osage
- Ozark
- Pemiscot
- Perry
- Pettis
- Phelps
- Pike
- Platte
- Polk
- Pulaski
- Putnam
- Ralls
- Randolph
- Ray
- Reynolds
- Ripley
- Saint Charles
- Saint Clair
- Saint Francois
- Saint Louis
- Saint Louis City
- Sainte Genevieve
- Saline
- Schuyler
- Scotland
- Scott
- Shannon
- Shelby
- Stoddard
- Stone
- Sullivan
- Taney
- Texas
- Vernon
- Warren
- Washington
- Wayne
- Webster
- Worth
- Wright