What defines a Criminal Record in Missouri?
A criminal record is as an official document that records a person’s criminal history. The information is assembled and updated from local, county and state jurisdiction as well as trial courts, courts of appeals, and county and state correctional facilities.
While the standard for criminal record collection and storage varies from county to county, the majority of Missouri criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments, and the official Missouri State Records Online Database.
The amount of criminal records information presented on StateRecords.org will vary from person to person. This is because different sources for information often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes. Criminal records in the state of Missouri generally include the following subjects:
Missouri Arrest Records
An arrest record is an official document providing information about a person questioned, apprehended, or taken into custody. They are placed in detention, held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. In Missouri, a person is arrested once they commit a misdemeanor amounting to a breach of the peace, or if they commit a felony where there are reasonable grounds to believe they committed the crime.
Missouri Arrest Warrants
An arrest warrant is an official document signed and issued by a judge or magistrate on behalf of the local and state jurisdictions. It authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property. In Missouri, the police can arrest a person for committing a crime even without a warrant. In most cases, it is when the person commits the crime in an officer’s presence. Every arrest warrant has to be signed by a judge and must be verified before apprehension.
A misdemeanor is a non-indictable offense and is generally less severe than felonies. However, like felonies, a misdemeanor charge is classified by a number-based system designed to describe the severity of the alleged crime. Misdemeanor crimes usually are distinguished from felonies by the seriousness of injury caused to another person. Missouri categorizes misdemeanors into three classes: Class A through Class C misdemeanors. Class A misdemeanors are serious crimes.
A felony offense is a criminal conviction with a minimum sentence of more than 1 year, which is served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. In Missouri, felonies are serious crimes that are punishable by more than one year in prison. Missouri law categorizes felonies into four classes: Class A felonies through Class D felonies. Class A felonies are the most serious felony crimes in Missouri.
Missouri Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they require registration for crimes besides the charges listed under the sex offender registration law. A judge may order an adult to register as a sex offender if the crime convicted involves sexual motivation.
The law in the state of Missouri defines rape as being a form of sexual assault, as is less egregious conduct, such as groping a stranger and exposing oneself in public. Anyone convicted of these crimes faces prison or jail time. In Missouri, rape and sexual assault are class C felonies and anyone convicted of either crime faces a prison term not to exceed seven years (Mo. Rev. Stat. § 558.011), a fine not to exceed $5,000 (Mo. Rev. Stat. § 560.011), or both.
Missouri Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. Traffic ticket fines, surcharges, and court fees in Missouri vary by violation and county court. If you receive a traffic ticket, then points are added to your driving record. The Missouri Department of Revenue (DOR) will suspend the driver's license if the driver accumulates too many points within a given amount of time.
Missouri Conviction Records
A conviction record is a document providing information that a person is found guilty, pleaded guilty or pleaded no contest to criminal charges in a civilian or military court. The criminal charges are classified as a felony, misdemeanor or other offense. Conviction also includes a person judged delinquent and less than honorably discharged or placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment deleted by a pardon, set aside, reversed or otherwise rendered inoperative.
Missouri Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who is deprived of his/her civil liberties. The State of Missouri has a Department of Correction database with records that often include the inmate’s name, incarceration date, expected release date, convicted offense and sometimes photos.
Missouri Parole Information
Parole records are an official document that includes information about the release of a prisoner who agreed to certain conditions before completion of their maximum sentence. While the prisoner is on supervised parole, the board needs the parole to pay a monthly supervision fee of nothing less than $30. The board may agree to accept a lower fee after determining the inability of the prisoner to pay. The board may also impose any conditions of parole it seems right to make sure the best interests of the prisoner and the citizens of Missouri are served.
Missouri Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Missouri to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer. Probation is issued in proportion to the crime, so the length and nature of probation differ (sometimes drastically) from case to case.
Probation typically falls into three categories: minimally supervised, supervised and intensive. Intensive probation is a form of very strict probation that has conditions that vary from state to state but that emphasize punishment and control of the offender within the community.
Missouri Juvenile Criminal Records
A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered convicted of a crime like an adult but instead, are found to be “adjudicated delinquent”. These criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Missouri History and Accuracy of Criminal Records
The accuracy of the data of criminal records depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. Missouri criminal records archives usually tend to go back as far as the 1970s, when efforts were made to begin centralizing and compiling criminal and arrest data. Accuracy was more commonly affected by the human error in the past. In the 1990s the quality and accuracy of record keeping improved exponentially due to the computer, so the information provides on StateRecords.org will vary from person to person.
Missouri Megan’s Law
egan's Law is the term for state laws that create and keep up a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government requires all states set up sex offender registries and offer the public with information about those registered as Public Sex Offenders.
On June 16, 2009, the Missouri Supreme Court ruled that federally mandated registration requirements under the Sexual Registration and Notification Act (SORNA) apply to people who committed a sex offense before July 20, 2006. Therefore, SORNA imposes an independent obligation requiring respondents to register as sex offenders in Missouri. The independent registration need under SORNA operates irrespective of any allegedly retrospective state law enacted and subject to Article 1, Section 13 of the Missouri State Constitution.