Missouri Criminal Records

Criminal records are official documents that contain information about an individual's criminal history. The Missouri State Highway Patrol (MSHP) primarily maintains criminal records in the state, although local law enforcement, police departments, and state courts also preserve copies.

Employers, landlords, and law enforcement agencies use these records to make informed decisions about an individual's background. A criminal record in Missouri typically reveals the following information:

The name, date of birth, race, aliases, and other personal identifying information of the individual
Details of the criminal charges, including the offense type, date of offense, place of the crime, and disposition of the case
Information on the individual's arrests, including the date, place, and reason for the arrest
Information on the individual's convictions, including the date, place, and nature of the offense and the sentence imposed
Information on outstanding warrants for an individual's arrest

State and federal laws in Missouri govern the accessibility and dissemination of criminal records. The Missouri Sunshine Law primarily regulates access to Missouri Criminal Records.

Under this state law, criminal records are generally public and, therefore, are subject to disclosure. However, there are exceptions to this rule, such as records containing confidential information (juvenile or sealed records), interfering with an ongoing investigation or litigation, or violating an individual's privacy.

In addition, federal laws govern the confidentiality and dissemination of such information. Missouri allows individuals to access their criminal history records, but they cannot access the criminal history of others without their consent.

What Are the Types of Crimes in Missouri?

The types of crimes in Missouri can be broadly categorized into misdemeanors and felonies. Generally, misdemeanors are less severe crimes with penalties of up to one year in jail, fines (up to $2,000), or both. On the other hand, felonies are more serious crimes punishable by imprisonment for more than one year, fines (up to $10,000), or both.

Felonies

In Missouri, felonies can have severe and long-lasting consequences that affect a person's life and future opportunities.

Missouri criminal justice system classifies felonies into five different classes, ranging from Class A (most serious) to Class E (least severe). The severity of the offense and the potential punishment determines the classification of a felony.

Class A Felonies

Class A felonies in Missouri include some of the most severe criminal offenses, such as first-degree murder and kidnapping. A conviction for these types of felonies carries significant consequences, including a mandatory minimum sentence of ten years in prison, with the possibility of up to 30 years imprisonment or even a life sentence.

Other examples of crimes under this category include:

Sexual exploitation of a minor child
First-degree domestic assault
First-degree child molestation
First-degree arson
Treason

Class B Felonies

Class B felonies in Missouri can result in a minimum prison sentence of five years and a maximum sentence of 15 years. If someone is guilty of any of the following offenses, they will be subject to this penalty:

Voluntary manslaughter
First-degree assault
Sexual abuse
First-degree burglary
Identity theft
Second-degree robbery

Class C Felonies

Committing a Class C felony, such as endangering the welfare of a child or involuntary manslaughter, will result in a prison sentence ranging from three to a maximum of ten years.

Other prevalent crimes under Class C felonies in Missouri are as follows:

Theft or stealing of any livestock animal
Stealing worth $25,000 or more
Second-degree drug trafficking
Driving while intoxicated (DWI) that causes the death of another

Class D Felonies

Class D felony offenses carry a maximum prison term of seven years. Some examples under this class are the following:

Perjury to probation and parole board
Altering lottery tickets
Unauthorized practice of medicine or surgery
Filing a false insurance statement
Second-degree rape
Second-degree sodomy
Stealing worth $750 or more

Class E Felonies

Individuals with any of the following Class E felonies on their Missouri Criminal Records are subject to four years of imprisonment:

Abandonment of a corpse
Invasion of privacy
Incest
Child abduction
Damage to jail property
First-degree harassment

Misdemeanors

In Missouri, misdemeanors are less serious criminal offenses than felonies. Unlike felonies, which can have severe and long-lasting consequences, misdemeanors typically carry lighter sentences and may not have the same impact on an individual's life and future opportunities.

Nevertheless, it is crucial to understand what types of offenses are classified as misdemeanors in Missouri.

Missouri categorizes misdemeanors into different classes, depending on the severity of the offense. Class A misdemeanors are the most serious, while violations under Class D are the least serious.

Class A Misdemeanor

Class A misdemeanors in Missouri carry a one-year jail term, a $2,000 fine, or both. Some examples of offenses under this class are as follows:

Falsifying missing person reports
Marijuana possession of up to 35 grams
Collecting criminal history record information under the pretense
Third-degree domestic assault
Violating airport zoning restrictions
Shoplifting with a value of less than $500

Class B Misdemeanor

If convicted of any offenses below, Class B misdemeanors in Missouri may include a maximum jail sentence of six months and a fine of up to $1,000.

DWI
first-degree trespassing
Excavating underground without notifying the operator
Disturbing the peace

Class C Misdemeanor

Class C misdemeanors encompass a variety of crimes, such as the following:

Theft of property valued at less than $500 from a library
Canine cruelty
Third-degree sexual misconduct
Engaging in illegal gambling activities
Violation of child labor laws
Accelerating when passing slower vehicles

The penalties for such offenses may include a maximum jail sentence of 15 days and a fine of up to $700.

Class D Misdemeanor

Misdemeanors under Class D in Missouri include but are not limited to the following:

Possessing less than 10 grams of marijuana
On-highway use of a motor vehicle without a valid license
Driving with a revoked or suspended license
Stealing items valued at less than $150

If found guilty of those crimes, one could face a fine of up to $500.

How Does Probation Work in Missouri?

Probation in Missouri is a legal order in which an offender found guilty of a crime can serve their sentence under the supervision of a probation officer within their community.

The Division of Probation and Parole (DPP) of the Missouri Department of Corrections (MDOC) oversees probation in the state. Probation officers are assigned to specific geographic areas and supervise probationers within their region.

They are responsible for monitoring the probationer's compliance with the conditions of their probation and taking appropriate action if violations occur.

Missouri has two types of probation: SIS (Suspended Imposition of Sentence) probation and SES (Suspended Execution of Sentence) probation.

SIS probation is a sentence that allows the judge to withhold the imposition of a sentence and place the defendant on probation instead. The probation period may include certain conditions, such as community service, drug or alcohol treatment, or regular check-ins with a probation officer.

If the defendant completes the probation period, the judge may dismiss the charges, and the defendant may avoid a criminal record.

On the other hand, (SES) probation is a sentence where the judge imposes a sentence but then suspends its execution, allowing the defendant to remain out of custody and on probation, subject to certain conditions. If the defendant violates the terms of their probation, the judge may revoke the suspension and order the defendant to serve the original sentence.

Note that these sentences are at the judge's discretion and may not be available for all types of crimes or all defendants.

How Does Parole Work in Missouri?

Missouri inmates eligible for parole are permitted to be released early under supervision. It helps people to resume living in the community, get employment, and reunite with their families.

The Board of Probation and Parole (BPP) handles parole in Missouri. This board decides whether to grant parole, set release dates, and establish conditions for release. It also provides supervision for those on parole and may return them to prison if they violate the requirements of their release.

BPP in Missouri does not automatically grant parole to anyone, and a parole hearing is necessary before granting parole.

Parole Eligibility in Missouri

A person's parole eligibility relies on several criteria, including the length of their imprisonment, the nature of their crime, and whether or not they are serving an extended term.

Those convicted of violent, sexual, or child abuse cases must serve 33% of their sentence before being eligible for parole.

After serving 15% of their sentence, offenders convicted of drug crimes, non-violent Class C felonies, or DWI can apply for parole.

In instances involving life sentences of at least 45 years, the minimum time served before eligibility is 15 years. No minimum eligibility date is set if the defendant has multiple life sentences.

However, some offenses are ineligible for parole, such as first-degree murder, witness or victim tampering, persistent sexual violations, or charges for class X offenders sentenced to 25 years or less.

An offender may seek a parole hearing after meeting the minimum eligibility date.

During the parole hearing, the offender may explain their crimes and past convictions, explain why parole is essential, address rehabilitation, and outline their future intentions. The hearing panel will analyze all relevant case materials, such as psychiatric and medical records, convictions, and past arrests.

After that, the panel will decide the person's eligibility for release using the Ohio Risk Assessment System (ORAS). This system determines the causes of poor or criminal conduct and the likelihood of reoffending.

How Does Expungement Work in Missouri?

Missouri Criminal Records can severely limit job opportunities and negatively impact someone's life. However, Missouri's expungement statute allows individuals to seal certain crimes.

The legal procedure of expungement permits a judge to seal a criminal record. Once expunged, it is no longer available to the public, and a court order is necessary to reopen it. Unless outlined in Revised Statutes of Missouri (RSMo) section 610.140, offenders with expunged convictions don't have to tell anyone about their criminal history.

During the last few years, Missouri expungement legislation has extended to include over 1,900 crimes. In 2016, Senate Bill (SB) 588 significantly broadened the range of offenses people can expunge. Since then, lawmakers have updated the law several times. SBs 53 and 60 went into effect on August 28, 2021, were the latest updates.

Still, not all crimes are eligible for expungement. Certain offenses like Class A felonies, sex offenses, death-related crimes, felony assault offenses, domestic assault felonies or misdemeanors, and felonious kidnapping are non-expungable.

Other ineligible crimes for Missouri expungement are in the RSMo section 610.140.2.

Individuals who wish to seal a crime must meet specific criteria, including:

Have settled all fines
Have completed their sentence, including parole or probation
Must have to wait one year for a misdemeanor and three years for a felony
Must not have been convicted of any additional crimes during the waiting period

If an individual has committed no more than one felony and two ordinance violations or misdemeanors that may have resulted in going to prison, they may receive multiple expungements.

Expungement Process in Missouri

An individual must complete a petition and file it with the court where the conviction occurred to initiate the expungement procedure in Missouri. The petition must include specific information about the offense, the conviction date, and other relevant information.

After that, the court will set a hearing date to review the petition and hear any objections from the prosecutor or other interested parties. The court may examine the evidence, hear testimony, and consider the requirements for each stated crime during the hearing.

The petitioner may claim innocence if the court grants the expungement of a conviction. If the court denies the petition, the individual may re-file it after a year.

How To Obtain a Criminal Record in Missouri?

Obtaining a criminal record in Missouri can be a relatively straightforward process. The state maintains criminal records through its various law enforcement agencies, which include the MSHP, city police departments, and county sheriff's offices. In addition, there are online resources available for accessing criminal court records.

The MSHP is the primary agency responsible for maintaining Missouri Criminal Records. It provides statewide criminal histories for a nominal fee through the Missouri Automated Criminal History Site (MACHS) or the Criminal Record Check of the Criminal Justice Information Services (CJIS) Division.

These requests usually take two formats of background checks: a name-based search, which utilizes information such as an individual's name, social security number, and date of birth, or a fingerprint search, which offers a more comprehensive check. Aside from statewide criminal histories, CJIS processes FBI federal criminal history requests.

City police departments and county sheriff's offices may also provide limited criminal records. These records include incident and accident reports for events within their jurisdictions. However, they may not have access to criminal records outside their authority.

Alternatively, the Missouri Courts Casenet portal is a reliable resource for criminal on-demand court records. This portal allows users to search by name, case number, or date range to locate the desired record. It also enables users to access case information, such as case summaries, dockets, and documents.

Suppose the criminal court records in question are not available through the portal. In that case, individuals may need to visit the Missouri courts that heard the matters. On request, court clerks may also provide copies of documents related to criminal cases. It's important to note that fees may apply for these services.

What Are the Criminal Background Check Laws in Missouri?

Background checks have become a common practice in many organizations across Missouri, as they provide employers with valuable information about the criminal records of their potential employees.

However, it is essential to note that employers must follow all applicable laws when conducting these checks. Failure to do so can result in significant legal and financial consequences.

Aside from federal laws like Fair Credit Reporting Act and the 1964 Civil Rights Act, Missouri has state laws governing background checks.

In April 2016, former Governor Nixon signed Executive Order No. 16-04, a ban-the-box law prohibiting executive branch entities from including questions about criminal records on their applications.

Similarly, the Kansas City Council passed Ordinance No. 180034 in February 2018, a ban-the-box ordinance prohibiting companies with six or more workers from asking about criminal history until they evaluate the candidate.

St. Louis also has its ban-the-box law, Ordinance No. 71074, which went into effect on January 1, 2021. This rule prevents city employers with ten or more workers from inquiring about criminal backgrounds on applications. Employers may only question criminal history after interviews unless they do criminal background checks on all final applicants.

Lastly, Missouri has an expungement law. Under this law, applicants with expunged convictions can legally state that they do not have Missouri Criminal Records if asked by a prospective employer.

By understanding and following these laws, employers can ensure their background check processes are legal and fair.