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Missouri Criminal Records

Missouri Criminal Records

A Missouri criminal record is a person's official record of arrests and convictions. Simply put, it is the history of an individual's contact with the state's criminal justice system. For example, anytime a person submits fingerprints to law enforcement during a criminal investigation, it goes into their criminal record. The same goes for criminal convictions, which would typically list the charges, the nature of the charges (a misdemeanor or felony), the date of the conviction, and the sentence details. Arrest records in Missouri, which also go into a person's criminal history record, will include details such as the charges, the date of the arrest, and the final deposition.

The Criminal Justice Information Services Division (CJIS) of the Missouri State Highway Patrol (MSHP) compiles, maintains, and disseminates complete arrest reports, criminal incident reports, and criminal history records in the state. Generally, per Revised Statutes of Missouri (RSMo), Section 43.500, the CJIS maintains the central repository for the entire state, which includes criminal records. Typically, Missouri criminal records are used by law enforcement agencies for various purposes. However, they are also available for other non-criminal justice requests. For instance, employers may request potential employees' criminal history background checks to enable them to make hiring decisions. However, while Missouri has no specific law restricting employer use of criminal history records, it prohibits discrimination in occupational and professional licensing. Hence, denying a person an occupation or professional license solely based on their prior convictions is unlawful if the individual has been freed from incarceration by parole, pardon, or otherwise.

What is Included in the Criminal Record?

The criminal justice agencies in Missouri, including all law enforcement agencies, courts, prosecutors, and the Department of Corrections (DOC), collect criminal history information per 43.503 RSMo and report it to the CJIS Division. This includes information relating to arrests, felonies, and aggravated misdemeanors. The following are some of the details contained in a person's Missouri criminal record:

  • Demographic information, including name, address, and aliases, if any
  • Conviction details
  • Past criminal offenses
  • Sentence details
  • Past and present warrants
  • Mugshots and fingerprints
  • Memos of arrests, indictments, and detentions

Are Criminal Records Public In Missouri?

Yes. Per 43.531 RSMo, most Missouri criminal records are public and are accessible to qualified individuals and entities for various purposes. The only exceptions are investigative information and criminal intelligence. Eligible persons and entities in the state can access criminal history information for evaluative, research, and statistical purposes in a manner that ensures the safety and confidentiality of the information, as well as the protection of the privacy of the record owners. Uniquely identifying information is typically deleted from a Missouri criminal record before being made available to the public. Similarly, unless in certain cases, criminal history information that has been sealed or expunged cannot be accessed by the public.

In Missouri, subjects of criminal records can access and request their own records. Similarly, any third party may request criminal records on other individuals for a fee, subject to certain conditions. Agencies designated by law, including law enforcement, may access and obtain Missouri criminal records, including closed ones.

How to Access Criminal Records in Missouri

How to Access Criminal Records in Missouri

Missouri criminal records can be accessed online or by mail, and anyone may request a criminal record check on any individual for a fee. The CJIS Division typically releases open records to anyone, while closed records are only released to agencies designated by law as authorized to access them.

Online Missouri Criminal Record Request

The state's CJIS Division maintains a one-stop online portal for all criminal record checks through the Missouri Automated Criminal History Site (MACHS), which is divided into two parts: the MACHS Name Search Portal and the MACHS Fingerprint Search Portal.

Also known as the Personal Identifier Search, the MACHS name-based search permits any member of the public to seek and obtain name-based Missouri criminal records checks online. Each search costs $15 and a nominal convenience fee and can be paid for by all major credit cards. It takes the CJIS between 5 to 7 business days to process a name-based criminal record check upon submission. The result is returned electronically to the requester's name search account. The name-based search results are considered a possible match and will contain only open records, which will include the following:

  • Arrest information less than 30 days from the arrest date
  • Records containing convictions
  • Records containing a suspended imposition of sentence during the probation period
  • Charges filed by the prosecutor and awaiting final disposition from the court

Similarly, with the MACHS Fingerprint Search Portal, any member of the public can schedule an appointment to be fingerprinted through Missouri's fingerprint services vendor, IDEMIA, for a fingerprint-based criminal records check. While IDEMIA cannot access the state's criminal history records, it uses electronic image capturing (livescan) to capture an applicant's fingerprints electronically. Afterward, the captured fingerprints are transmitted to the Missouri State Highway Patrol (MSHP) for processing. A fingerprint-based criminal record search in the state costs $20 and an additional $11.50 for IDEMIA's service fee, totaling $31.50 per applicant.

The result of a fingerprint-based criminal record check in Missouri is considered a positive match and provides complete or closed records for the qualified requesting entity or requesting individual. Such a record will include the following:

  • All criminal history information, including all arrests with filed and unfiled charges
  • Any suspended imposition of sentence after the probation period is complete
  • Closed/expunged records
  • Charged that have been dismissed, nolle prossed, or for which the record owner was found not guilty in a court of law

A fingerprint-based criminal record search request takes 7 to 10 business days to process. Once processed, the result is mailed to the applicant or qualified entity.

Mail Missouri Criminal Record Request

For a mail-in request, any interested person can request a Missouri criminal record by completing the Criminal Record Check Form (SHP-158) and mailing it to the MSHP at:

Missouri State Highway Patrol

CJIS Division

P.O. Box 9500

Jefferson City, MO 65102-9500

The requester must mail the applicable payment (check or money order) alongside the completed SHP-158 Form. It takes between 4 to 6 weeks to process any Missouri criminal record search request submitted by mail.

How to Access Inmate Records in Missouri

The Offender Search Portal, managed by the Missouri Department of Corrections (MODOC), provides certain information about active offenders, including parolees and probationers, held in the state's correctional facilities. Interested persons can search by offenders' names or aliases.

How to Access Sex Offender Records in Missouri

The state's Highway Patrol manages Missouri sex offender records and can be accessed through the Sex Offender Registry. To view these records, click "I Agree" on the registry page and provide the required search parameters.

What is Considered a Felony in Missouri?

In Missouri, a felony is any severe criminal offense punishable by death or a jail term of over one year in state prison. Felonies in the state are categorized primarily by the severity of the offense and the potential penalties that a judge of the court of law can impose. The classes of felonies in Missouri and examples of each are discussed below:

Class A Felonies

These are considered the most serious felonies in the state, and they include:

  • Murder
  • First-degree kidnapping
  • First-degree robbery
  • Sexual exploitation of a minor child
  • Treason
  • Trafficking of drugs or an attempt to traffick over the legal amount

Class B Felonies

Examples include

  • Voluntary manslaughter
  • First-degree assault
  • Distributing controlled substances to minors
  • Performing / inducing / attempting to perform an abortion by someone who is not a physician
  • Domestic assault
  • First-degree burglary

Class C Felonies

Common examples of Class C felonies in Missouri include:

  • Selling illicit drugs (except less than 35 grams of cannabis)
  • Involuntary manslaughter
  • Stealing rented or leased property
  • Stealing $25,000 or more
  • Forgery
  • Promoting sexual performances by children

Class D Felonies

These include:

  • Second-degree statutory rape
  • Second-degree assault
  • Resisting arrest
  • Driving while intoxicated (third offense)
  • Illegal firearm possession by a felon
  • Fraudulently attempting to obtain controlled substances
  • Unauthorized practice of medicine or surgery

Class E Felonies

In Missouri, Class E felonies are considered the least serious felony offenses, and they include the following:

  • Fraudulent firearm purchase
  • First-degree stalking
  • Providing false data to vital records
  • Intentional sale of any donated prescription drug
  • Criminal disposition of solid waste

Penalties For Missouri Felonies

Each of the felony classes in Missouri has a set maximum penalty (amount of incarceration time in prison) as listed below:

  • Class A felony is punishable by at least 10 years and no more than 30 years in prison or life imprisonment.
  • Class B felony attracts at least 5 years and no more than 15 years in jail as a penalty.
  • Class C felony is punishable by a prison term of not less than 3 years and not exceeding 10 years and/or up to $10,000 fines.
  • Class D felony attracts a prison term of no more than seven years.
  • Class E felony in Missouri is punishable by a maximum prison term of 4 years and/or up to $10,000 fines.

In Missouri, felons may receive sentences lengthier than the standard jail terms for crimes committed in certain situations. If an individual is convicted of a felon below Class A, they may be penalized for the next higher felony class if they are considered a dangerous offender or have at least two other felony convictions for crimes committed at different times. Also, certain crimes in which the defendants targeted their victims based on sex, religion, race, national origin, or disability can attract enhanced sentences. In certain felony cases, the court may suspend defendants' prison sentences and place them on probation with some conditions. The conditions may include participation in a treatment program, community service, or a work release program in a county jail.

What is a Misdemeanor in Missouri?

In Missouri, any criminal offense defined by statutes and punishable by county jail time for up to one year and/or a fine is considered a misdemeanor. Misdemeanors are less serious than felonies but can also become part of a person's criminal record in the state. The four classes of misdemeanors in Missouri and their common examples are listed below:

Class A Misdemeanors

These are the most serious misdemeanor crimes, and they include the following:

  • Third or fourth-degree domestic assault
  • Harassment
  • Rioting
  • Second-degree sexual abuse
  • Shoplifting items worth less than $500
  • Possessing up to 35 grams of cannabis
  • Disclosure of confidential criminal records

Class B Misdemeanors

Common examples include:

  • First-degree trespassing and trespass on real property
  • Driving while intoxicated
  • Identity theft
  • Misusing 911
  • Violation of endangered species law

Class C Misdemeanors

The following are common examples of Class C misdemeanors in Missouri:

  • Refusal to disperse
  • Highway littering
  • Animal neglect
  • Illegal gambling
  • Third-degree sexual misconduct
  • Private peace disturbance
  • Making a false affidavit

Class D Misdemeanors

These include the following:

  • Illegal possession of drug paraphernalia
  • Driving with a revoked driver's license (first offense)
  • Possession or purchase of alcohol by minors (first offense)
  • Theft of something whose value is less than $150
  • Possession of cannabis/synthetic cannabinoid of no more than 10 grams

Penalties for Missouri Misdemeanors

The degree of punishment for a misdemeanor conviction in Missouri is based on the class of misdemeanor. The penalties for each class are outlined below:

  • Class A misdemeanor is punishable by a fine of up to $2,000 and/or a maximum jail sentence of one year.
  • Class B misdemeanor is punishable by up to six months of incarceration and/or a maximum fine of $1,000
  • Class C misdemeanor attracts a jail term of up to 15 days and/or a maximum fine of $700
  • Class D misdemeanor is punishable by a maximum fine of $500 with no possibility of jail time.

In certain instances, where an offender gains property or money from a misdemeanor crime, the judge may order higher fines than the standard penalties. Criminal laws in Missouri require more severe penalties for misdemeanor crimes committed by individuals with one or more convictions for the same crime or a related crime.

How Long Does a Missouri Criminal Record Stay In a Background Report?

How Long Does a Missouri Criminal Record Stay In a Background Report?

In Missouri, unless a person takes steps to expunge their criminal records, such records will remain in their criminal record for life and will always appear in background check reports. This applies to both felonies and misdemeanors. However, certain criminal offenses in the state cannot be expunged and will always appear on background check reports. These are largely violent crimes, intoxication-related crimes, serious felonies, motor vehicle violations for persons holding commercial driver's licenses, and sex crimes, including the following:

  • Any felony or misdemeanor assault offenses involving death
  • Class A felony offenses
  • Any felony offense classified as a crime against persons
  • Any criminal conviction that requires the offender to register as a sex offender
  • Repeat driving while intoxicated (DWI) offenses, although a first-time DWI conviction can be expunged after 10 years, provided there were no repeat offenses within this period
  • Kidnapping offense

Sealing and Expungement of Criminal Records in Missouri

Certain felony and misdemeanor offenses may be expunged in Missouri per 610.140 RSMo. However, before anyone can file to expunge their criminal records in the state, they must have completed their parole or probation and paid off all fines. Also, they must have a one-year wait to be eligible for a misdemeanor offense expungement or a three-year clean date to qualify for a felony offense expungement. Over 1,900 criminal offenses are eligible for expungement in Missouri per Senate Bill 588, a law already modified a few times, including the most recent ones through Senate Bills 53 and 60.

The main difference between sealing and expunging a criminal record is that while expungement results in the destruction of records, sealed records still exist in the physical and legal sense. However, in Missouri, criminal record expungement involves a court sealing a criminal record, rendering it inaccessible to the public. Only a court order can reopen an expunged criminal record in the state.

Generally, felony assault offenses, Class A felonies, felony and misdemeanor offenses for domestic assaults, offenses that require the defendant to register as a sex offender, felony conviction for kidnapping, and felony offenses involving death are ineligible for expungement in Missouri. To file for a criminal record expungement in Missouri, a person must file a petition in the court in the county where they were charged or found guilty of any offense. Filing a petition for criminal record expungement in the state costs $250, but the judge may waive the charge for a petitioner who is indigent and unable to pay the fee.

The person filing a petition must name and list as defendants any agencies or entities they believe may have records regarding the violations and offenses outlined on the petition. Once those entities have been served, the court may accept evidence, hear testimony on each listed violation or offense, and consider their criteria. Defendants have up to 30 days to file objections to the expungement petition after being served. A court must hear the case within 30 days after the petitioner has served the defendants and there were no objections or after 60 days after the filed objections. If the court decides to expunge a criminal offense conviction, the petitioner can claim they have not been convicted of that crime except in specific circumstances. While expunged criminal records are not publicly accessible in Missouri, the following entities may still access them and view sealed information:

  • Court officials such as prosecutors, judges, and probation officers
  • Law enforcement
  • Criminal justice agencies
  • Licensing agencies (with record-holder's consent, usually through fingerprinting)
  • Federal agencies
  • Department of Health and Senior Services
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