What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Missouri?
Generally, an arrest may be considered as the seizure of a person. Per Section 544.180 of the Missouri Revised Statutes, an arrest occurs when an individual or a suspect is restrained to custody by a law enforcement officer or any other authorized person in the state. An arrest is also made when a person submits themselves to law enforcement custody under the authority of a warrant or otherwise. Typically, a law enforcement officer in Missouri should have probable cause to believe that someone has committed a crime. Probable cause may originate from an investigation by law enforcement, direct observation, or a third-party report.
Missouri law permits private individuals to make arrests if they have reasonable grounds to suspect that the persons being arrested committed felonies. Generally, law enforcement can make on-the-spot arrests (warrantless arrests) when they witness a crime or arrive at the crime scene while it is still being committed. Similarly, they may execute arrests based on warrants issued by warrants issued by judges. Under the Missouri Criminal Code, law enforcement can make arrests for misdemeanors and felonies. Common examples of crimes that may lead to arrests in the state typically include sex crimes, violent crimes, vandalism, assault, burglary, theft, drug crimes, and driving while impaired (DWI). Lesser offenses, which are considered infractions, such as traffic offenses, may also lead to arrests in Missouri.
Being arrested in Missouri does not mean a suspect is being charged. Depending on the circumstances, a prosecutor may decide not to charge a person after arrest by law enforcement. They also choose to charge the arrestee with the most serious charges or with a lesser crime. Arrests are a critical aspect of law enforcement and the judicial process in Missouri. Hence, understanding the following is important, especially for individuals navigating the state's legal system:
- Custody and Control - Custody after arrest generally describes a situation in which a defendant or suspect is significantly deprived of their freedom. It is also considered taking control or charge over a suspect after an arrest. In Missouri, the primary purpose of taking a suspect into custody is to enable law enforcement to interrogate them and obtain information about the alleged crime. Custody is also important to ensure that a suspect does not destroy evidence or intimidate a witness. Per Section 544.170 of the Missouri Revised Statutes, anyone arrested and confined by law enforcement for an alleged criminal offense or breach of the peace must be discharged from custody within 24 hours from the time of arrest unless charged with a criminal offense.
- Legal Authority - In Missouri, law enforcement officers, which include peace officers engaged by city, county, and state governments, are generally authorized to make arrests within the state's boundaries. Per Section 544.180 of the state's Revised Statutes, they may execute arrests under the authority of warrants or otherwise. In addition, private citizens are authorized to make arrests for felonies, provided they have reasonable grounds to suspect that the arrested suspects indeed committed such crimes.
- Miranda Rights - Anyone taken into law enforcement custody in Missouri for any alleged crime and is being interrogated has a constitutional right known as Miranda rights. A law enforcement officer is required to first read a defendant's Miranda rights through a Miranda warning before engaging in any interrogation while the defendant is in custody. Although the exact wording may vary, the Miranda warning is generally read as "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You also have the right to an attorney. If you cannot afford a lawyer, one will be provided for you."These rights are put in place to ensure the protection of anyone interacting with law enforcement and the criminal justice system. In some circumstances, a defendant may use the violation of their Miranda rights in their defense, especially where such a violation was intentional.
- Restraint and Transport - Section 544.180 of the Missouri Revised Statutes specifically permits restraint in making an arrest and bringing a suspect into custody. In addition, Section 544.190 of the state's Revised Statutes authorizes law enforcement officers to employ all necessary means, including force, to execute an arrest where the suspect tries to escape or forcibly resist the arrest after being informed of the intended arrest. After an arrest, the arresting officer will transport the accused person to their station or a detention facility for booking.
- Booking Process - The booking process is initiated once a suspect is in custody. This process generally involves questioning the accused person to gather as much information as possible, photographing them (mugshots), taking their fingerprints, charging them, and recording their personal information. The information collected and recorded during this process forms a big part of the suspect's Missouri arrest record.
The distinction between detention and arrest is essential in understanding Missori's legal processes. While detention means temporarily holding a person by law enforcement for investigative and questioning purposes, an arrest typically means taking an individual into police custody largely because they are suspected of having committed a crime. The primary purpose of detaining a person is to allow law enforcement to gather information, ask questions, and ensure public safety, during which detainees are held temporarily until law enforcement determines their involvement in a criminal activity.
What is Unlawful Arrest in Missouri?
An unlawful arrest in Missouri is generally the unlawful restraint of an individual's freedom of movement, especially without proper legal authority/justification or against the arrestee's will. It generally involves the wrongful or unlawful detention of a person without adequate legal grounds/reasons or without following the state's established procedure. Certain things must be established to prove an unlawful arrest or to show that an arrest is unlawful in Missouri, including the following:
- Lack of Probable Cause - An arrest that lacks reasonable grounds to support it is considered unlawful in Missouri. Typically, probable cause is the legal standard that authorizes law enforcement officers to execute arrests in the state. Once it is lacking, such arrests are illegal and invalid in the eyes of the law. It is unlawful to make arrests solely based on suspicions not substantiated by facts or evidence.
- Violation of Constitutional Rights - If an arrest violates a person's constitutional rights in Missouri, it is an unlawful arrest. Generally, any arrest executed without probable cause violates the arrestee's constitutional right and may be challenged in court. Similarly, unreasonable seizure, which is prohibited under the Fourth Amendment of the United States Constitution, constitutes an unlawful arrest in Missouri. Furthermore, when a law enforcement officer fails to read the Miranda warnings to a person in their custody before commencing interrogations, it may be considered a violation of the person's constitutional right, which qualifies as an unlawful arrest.
- Arrest Without a Warrant - In Missouri, a warrantless arrest executed when there are no reasonable grounds to believe the arrestee has committed an offense, as required by Section 544.218 of the state's Revised Statutes, is unlawful.
- Mistaken Identity - Sometimes, law enforcement officers may apprehend the wrong persons while making arrests due to mistaken identity. When this happens, and they have the wrong person, it is a case of unlawful arrest because they failed to use reasonable care in determining the identity of the actual suspect.
- Racial Profiling and Discrimination - Racial profiling is generally the discriminatory practice by law enforcement targeted at people for suspicion of crime based on their race, religion, ethnicity, color, and national origin. It is a civil rights violation to make an arrest based on racial profiling and discrimination in Missouri. Generally, racial profiling is particularly considered illegal in the United States as it violates the nation's Constitution core promises of equal protection under U.S. law.
- Procedural Violation - Arrests made in violation of established procedures in Missouri are considered unlawful arrests, particularly those that violate certain provisions of Chapter 544 of the state's Revised Statutes.
Anyone unlawfully arrested in Missouri may be entitled to various kinds of damages. Per Section 544.195 of the state's Revised Statutes, an individual who suffers actual damage stemming from the violation of Sections 544.193 to 544.197 may institute a civil action in a Circuit Court. For instance, if they file a lawsuit against the arresting officer or the arresting law enforcement agency, they may get compensation for loss of income, emotional distress, physical injuries, reputational damage, and medical expenses. In addition to receiving compensation for damages, the court may use its discretion to award punitive damages as it deems proper and necessary.
Are Arrest Records Public in Missouri?
Arrest records are public information in Missouri unless specifically exempted from public records by statute or by order of a court. The state's Revised Statutes, Section 610.010, permits members of the public to inspect or obtain any record, written or electronically stored, maintained by any public government agency. These typically include arrest incident reports and arrest reports as specified in Section 610.100 of the Missouri Revised Statutes. Generally, a typical arrest record in Missouri will include the identity information of the arrestee, arrest information, physical description, charges, and active warrants, if any.
Generally, incident reports of any arrest in Missouri, which largely include the date and time of arrest, name of arrestee, location of arrest, and immediate reports of circumstances surrounding the initial report of a crime, are considered public information. Similarly, an arrestee's physical descriptors, such as weight, sex, height, hair color, eye color, tattoos, and scars, are often made public in a Missouri arrest record. Furthermore, mugshots, charges filed, and date of birth, which are all part of a person's arrest record in the state, are public information.
While most arrest records and documents or information contained in them in Missouri are public records, there are general exemptions. For instance, juvenile arrest records are restricted from public disclosure by statutes. Also, unless there is a court order to inspect a sealed arrest record in Missouri, sealed arrest records are typically closed to the public. Furthermore, per Section 610.100 of the state's Revised Statute, the following information or documents in any Missouri arrest record are typically considered closed:
- Information that may likely pose a clear and present danger to the safety of any witness, victim, or law enforcement officer or jeopardize a criminal investigation.
- Investigative reports and mobile video recordings of the law enforcement agency until the investigation is concluded.
- Information about an arrest in which the arrestee is not charged with an offense against the law within 30 days of arrest.
- Mobile video recordings by law enforcement officers in private locations while executing arrests, except anyone captured in the video recordings is incompetent or deceased.
What are the Types of Arrest Records in Missouri?
In Missouri, some arrest records are maintained at the city or county levels, while others are kept at the state level by relevant government agencies. Generally, the county sheriff's offices and local police departments in the state keep all records of arrests executed within their jurisdictions on their file and make them available to the public upon request. These records hold important information about such arrests, including the arrestee's details, the date and location of the arrest, charges filed, and bail information.
Arrest records available at the state level in Missouri are usually maintained as a part of the state's criminal history records and are kept by the Criminal Justice Information Services Division (CJIS) of the state's Highway Patrol. Typically, these records are collated from criminal justice agencies within the state and contain notations of arrests, identifiable descriptions, indictments, information on detentions, formal criminal charges filed, and any disposition emanating from sentencing, correctional supervision, and release.
Where are Arrest Records Kept in Missouri?
While Missouri arrest records are public, knowing where to find or access them is important. The following places serve as depositories for arrests made within the state's boundaries:
- Local Police Departments and County Sheriff's Offices - Missouri's sheriff's offices and local police departments are official repositories for all arrests executed within their localities. Records usually contain incident reports and investigative reports or arrests whose investigations have already been concluded.
- The Missouri State Highway Patrol (MSHP) - The Missouri State Highway Patrol maintains a central repository of criminal records, which typically include records of arrests from which such criminal records emanated. Criminal records, hence arrest records maintained by the MSPH, are reported to them by several law enforcement agencies and courts throughout the state. Typically, they contain charges for felonies and misdemeanors and may sometimes include ordinance violations reported by municipalities.
- The Missouri State Court System - The state's court system, especially at the local level, keeps criminal court records that may include arrest records for criminal matters adjudicated within their jurisdictions.
- The Missouri Department of Corrections (DOC) - The state's Department of Corrections manages an Offender Search portal that holds mugshots and basic arrest information of individuals incarcerated within the state's correctional facilities.
How To Find Public Arrest Records in Missouri
There are multiple options for anyone seeking to inspect or obtain public arrest records in Missouri. Although the custodians of the state's public arrest records may have varying processes for disseminating the records in their custody, requesters will generally be able to file their requests in person, by mail, or online. Typically, it is important for anyone seeking a Missouri arrest record to first identify the appropriate custodian of that record to help streamline their search. Afterward, they may contact the custodian to make further inquiries about their processes before submitting their requests. Interested individuals will generally be able to find Missouri arrest records in any of the following ways:
- Local Law Enforcement Agencies - The local police departments and county sheriff's offices are the primary custodians of arrest records for incidents within their jurisdictions. Anyone interested in finding a person's arrest record in a particular municipality or county may contact the local police department or county sheriff's office and inquire about their process. Generally, most local law enforcement agencies will have dedicated request forms for such requests or allow requesters to submit written requests. In addition, interested persons will largely be able to submit their requests in person or by mail. Some local law enforcement agencies also maintain online databases of recent arrests where the public may retrieve information about such arrests.
- The Missouri State Highway Patrol (MSHP) - Members of the public may search for arrest records using the Missouri Automated Criminal History Site(MACHS) managed by the MSHP through the state's Criminal Justice Information Services Division (CJIS). The MACHS Name Search Portalpermits interested persons to request and obtain name-based criminal records checks online, which typically contain arrest records. Each name-based search costs $15 and a small convenience fee. Similarly, the MACHS Fingerprint Search Portal permits members of the public to be fingerprinted through IDEMIA and request criminal history information containing arrest records. This offers a more thorough search
- The Missouri State Court System - Criminal court records in the state generally contain arrest records. Anyone seeking an arrest record may submit their request in person or by mail to the court in the county where the case was heard. Such a request should include the name of the record subject, case number, and any other information that may help facilitate the search.
- Third-Party Sites - Independent record service companies like RecordsFinder generally offer a more convenient means of finding Missouri arrest records. However, third-party record sites are not affiliated with government agencies, so information obtained through them may not be as accurate or up-to-date.
How Long Do Arrests Stay on the Record in Missouri?
Unless steps are taken to expunge them, arrest records in Missouri typically remain for life on individuals' criminal records within the state. There is no automatic sealing or drop-offs of arrest records like in some states. An arrest record subject must take steps to file for expungement if they want it closed to public access. Otherwise, it will remain open and continually show up on background checks.
How To Seal or Expunge an Arrest Record in Missouri
Arrest record expungement in Missouri is the court process by which a person's arrest record is sealed or destroyed. Generally, an individual may expunge two misdemeanors and one felony in their lifetime within the state, and it is only after completing a sentence that a person may file for expungement of an arrest that led to a conviction. Before filing for an arrest record expungement in Missouri, it is important to know if one is eligible. To be eligible, a person must not have any charges pending, including open/unresolved cases, active warrants, and unpaid traffic tickets. Also, they must not owe any court costs, fines, or fees.
Typically, a person must have a one-year clean date to be eligible for arrest expungement for a misdemeanor offense and a three-year wait to qualify for expungement of an arrest record for a felony offense. An infraction and municipal offense expungement also requires a one-year wait period under Missouri law.
Per Section 610.140.2 of the Missouri Revised Statutes, arrest records for the following violations, offenses, and infractions are not eligible for expungement under state law:
- Any offense that requires a person to register as a sex offender
- Any Class A felony offense
- Any felony or misdemeanor offense of domestic assault, felony offense of assault, and a felony offense of kidnapping
- Any felony offense in which death is a part of the offense
- Any intoxication-related boating or traffic offense
Anyone who meets the eligibility criteria for arrest record expungement in Missouri may take the following steps to expunge their records:
- File an expungement petition with the Circuit Court in the county where they were arrested or where their conviction occurred. They may use the CR 300 Petition Form for an arrest that resulted in a conviction or the CR 145 Petition Form for an arrest that did not lead to a conviction. Other forms that may be required for arrest record expungement in Missouri are available online. The petition must list any entities the petitioner believes may have records of the arrest they seek to expunge as defendants.
- After filing the petition, the court will make copies available to the defendants, who have 30 days to file objections to the expungement petition after being served. The court will hold a hearing 30 days after the defendants have been served and there were no objections or within 60 days after the filed objection if any of the defendants object.
- The judge has the discretion to either grant or deny the expungement petition at the hearing.
If a Missouri arrest record expungement petition is denied, the petitioner may refile it after one year or may appeal the decision immediately. However, if the court grants the petition, all the agencies holding records of the arrests will destroy them, and the petitioner may deny ever having such a record. While a Missouri arrest record may have been expunged and restricted from public disclosure, it may still be accessed by authorized parties or entities. For instance, some federal agencies, law enforcement agencies, the Department of Health and Senior Services, and other criminal justice agencies may be able to access it.
