Missouri Arrest Records

According to the FBI Uniform Crime Report, other than arrests for traffic violations, a total of 41,955 arrests were made in Missouri in 2022. The following were the arrests for specific offense types:

• Drug abuse violations: 23,086
• Driving under the influence: 17,540
• Simple assault: 15,851
• Larceny: 12,187
• Burglary: 2,691
• Robbery: 802
• Rape: 420
• Murder: 329
• Arson: 139

Missouri arrest rates have significantly decreased since 2018. The state recorded 75,654, 76,458, 45,326, and 42,010 arrests in 2018, 2019, 2020, and 2021, respectively.

What Is an Arrest Under Missouri Law?

According to Missouri law, an arrest is an actual restraint of a person suspected of committing a crime or the submission to the custody of a law enforcement agent under the authority of a warrant or otherwise.

Type of Arrests in Missouri

Missouri law allows for the arrest of offenders based on a warrant or without a warrant.

Warrant Arrest

A warrant arrest is when you have been taken into custody per an arrest warrant issued by an authorized entity. An arrest warrant is a court-issued document mandating the apprehension and detainment of an individual suspected of committing a crime. For an arrest warrant to be issued in Missouri, there must be probable cause and ample evidence associating the person named on the document with the crime committed. Note that probable cause generally refers to having reasonable grounds to believe that a person is going to commit or has committed a crime.

To obtain an arrest warrant, a law enforcement officer must present a judge with an affidavit with probable cause that an individual committed the crime stated in the affidavit. If the judge is satisfied that the officer has established probable cause, they will sign the warrant. Upon receiving the warrant, the law enforcement officer may arrest the individual at any location or time. At the arrest, the arresting officer will inform the person named on the warrant about the reason for the arrest and read them their Miranda rights.

A warrant arrest may also be a bench warrant, fugitive warrant, capias warrant, or government warrant. A bench warrant in Missouri is issued for the arrest of a person who fails to appear on their court date. A fugitive warrant is issued to authorize the arrest of a suspect who has fled to another state, while a capias warrant (also known as a bench warrant) is used when arresting and detaining an individual who has a guilty judgment and fails to comply with or complete court orders. A governor's warrant is issued to arrest someone who has committed a crime in another state.

Warrantless Arrests

While many arrests are based on arrest warrants, there is no state law mandating that they can only be made when a warrant is in place. Missouri law generally allows law enforcement to make an arrest without a warrant under specific circumstances. Warrantless arrest provisions are outlined under Sections 544.216 and 544.218 of the Missouri Revised Statutes.

A law enforcement officer can make a warrantless arrest for a violation of Sections 577.010 or 577.012 when the officer has reasonable grounds to believe that the individual to be arrested has violated the stated section, whether or not the violation happened in the officer's presence.

What Are Missouri Arrests Records?

A Missouri arrest record is a document containing detailed information about an individual's encounters with the Missouri State Highway Patrol, local police departments, and other law enforcement units in the state. It is typically created as soon as a warrant for arrest is issued, and the subject of the warrant is arrested.

You may find the following in a Missouri arrest record:

• Arrest warrant
• The full name, address, date of birth, place of birth, mugshot of the subject of the record
• The height, eye color, skin color, weight, and sex of the subject of the record
• Date of arrest, arresting agency, arresting officer
• Charges filed (misdemeanor, felony, traffic, or other minor infractions) and the degree of the offense committed

Note that an arrest record differs from a criminal record. An arrest record is generally contained within a criminal record and only includes information related to an arrest. A criminal record is typically a detailed documentation of the criminal history of the subject of the record. Apart from the arrest records, it generally includes information about court dates and proceedings, such as dispositions, convictions, sentences, and probation information.

How Can Arrest Records Be Accessed in Missouri?

Missouri's Sunshine Law allows anyone to request copies of arrest records from authorized agencies. Due to the Sunshine Law, you may access an arrest record from the following sources:

The Missouri Automated Criminal History Site (MACHS)

You can access arrest records as part of a criminal record request on the MACHS maintained by the Criminal Justice Services Division of the Missouri State Highway Patrol. MACHS allows users to obtain requested records via the MACHS Name Search Portal and the MACHS Fingerprint Search Portal.

The MACHS Name Search Portal allows users to request and receive personal identifier records online. The request costs $15, and a separate convenience fee is charged. All major credit cards are accepted on the MACHS Name Search Portal.

MACHS Fingerprint Search Portal allows users to schedule an appointment to be fingerprinted through the state's fingerprint services vendor - IDEMIA. It takes 7-10 business days for the results of a background check to be mailed to the requester. IDEMIA's service costs $11.50 per applicant. Hence, it costs $31.50 in total to use IDEMIA services for a Missouri background check. To schedule an appointment with an IDEMIA location for fingerprinting, call the vendor at (844) 543 9712.

Local Police Departments and Sheriffs' Offices

Local Missouri police departments and sheriff departments maintain arrest records for individuals arrested by officers working in the departments. Some of these departments may provide online access for members of the public to access arrest records. However, if online access is not available, you may still access arrest records maintained by police departments and sheriff's offices by visiting the location of the departments to make an in-person request.

Third-Party Websites

Several third-party websites generally aggregate arrest records from multiple sources in a single searchable database. While this is an option to access arrest records, you may not trust the validity and accuracy of such sites as they are not official government sources or approved by the Missouri government.

How Long Will an Arrest Report Stay on Your Missouri State Records?

An arrest record remains indefinitely on your Missouri criminal record history unless expunged pursuant to state law. If you are eligible for an expungement, at least three years must have passed from the arrest date before you may expunge the arrest record.

Can You Expunge Your Arrest Records in Missouri?

Missouri allows arrestees to have their arrest records expunged under the provisions of Section 610.122 of the Missouri Revised Statutes. An arrest may be expunged if:

• The court determined the aforementioned arrest to be expunged was built on top of fake data
• No probable cause existed during the time of the expungement action, to believe that the person committed the offense
• Charges will not be pursued due to the arrest
• The individual named in the arrest didn't receive a suspended imposition on the sentence for the crime for which the arrest was made or for a crime in relation to the mentioned arrest
• The court decides the individual was arrested because, or later charged with meeting a misdemeanor offense or with a moving violation as named in Section 302.010 of the Missouri Revised Statutes, except for any intoxication-related traffic offense; and
  • each violation or offense tied to the arrest was later dismissed or nolle prossed, or the violator was named guilty of every violation; and
  • the person does not hold a valid CDL and wasn't driving a commercial vehicle during the time of their arrest.

Note that arrests related to certain offenses are not generally eligible for expungement. These include arrests related to:

• A dangerous felony
• A class A felony offense
• An offense requiring a sex offender registration
• A felony offense where death is an element of the offense
• A felony offense of assault, a felony of kidnapping, or a felony or misdemeanor offense of domestic assault
• Other offenses listed in Section 610.410 of the Missouri Revised Statutes

To initiate the expungement process, you may submit an expungement petition to a court of competent jurisdiction in the county where you were arrested no earlier than three years from the date of the arrest. The petition must name as defendants any person or entity that you believe possesses the arrest record to be expunged, including all law enforcement agencies, courts, municipal prosecuting attorneys, prosecuting or circuit attorneys, and Missouri criminal records repositories.

Generally, the petition must include the following information:

• Your full name, sex, race, driver's license number, and current address
• Each offense, violation, or infraction for which you are requesting expungement
• The approximate date you were charged for each offense, violation, or infraction
• The name of the county or municipality where you were charged for each offense
• The case number and the name of the court for the offense

A $250 fee is required to file an expungement petition in Missouri. However, this fee may be waived if you are indigent and cannot pay it. Upon submitting your petition, defendants have up to 30 days, after being served by the county clerk, to file objections. Typically, a court hearing will be held within 60 days after filing objections or 30 days if no objections were filed.

If the court rules to expunge your arrest record, the record will be inaccessible in most arrest or criminal record searches. However, certain criminal justice agencies, such as the court system or a law enforcement agency, may be able to see the expunged record. Due to the complex nature of the expungement process, it is usually advisable to hire an experienced expungement attorney to navigate the procedure successfully.

Is Citizen's Arrest Legal in Missouri?

Yes. Section 544.180 of the Missouri Revised Statutes allows a private citizen to make an arrest without a warrant if the person to be arrested commits a felony and the private citizen making the arrest has reasonable grounds to suspect the arrested party.

Section 563.051 of the Missouri Revised Statutes also outlines situations where a private person may use force in making an arrest.

How to Look Up Arrest Warrants in Missouri

You may look up arrest warrants in Missouri using these methods:

Missouri State Courts Automated Case Management System

Missouri Courts offers a search feature on its case management system, allowing users to access court-related information for cases filed in Missouri courts. Among court-related information that you may find on the system are warrants, charges, and judgments. To start, visit the automated case management website and perform a search using the litigant name search, filing date search, or case number search option.

Sheriff's Office and Law Enforcement Agencies

Another way to find or look up arrest warrants in Missouri is to visit the office of a local police department or the county sheriff's office. Most sheriff's offices maintain records of active warrants. Some counties, such as Boone and Greene, generally provide online lists of persons with active warrants.

Legal Assistance

Consulting with an attorney may also help you find active arrest warrants in Missouri. An experienced attorney may search public records and contact law enforcement agencies on behalf of their clients, ensuring a comprehensive and accurate search.