Missouri Criminal Court Records
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Missouri criminal court records are any documents, information, and data created, collected, received, and maintained by any court in the state during a criminal proceeding (Missouri Court Operating Rule 1). These records ensure transparency and accountability in the state's judicial system. The Missouri Judicial Branch is the custodian of all criminal court records in the state and releases them to the public in accordance with the Missouri Sunshine Law and Court Rules.
Are Criminal Court Records Public in Missouri?
Yes. The Missouri Sunshine Law and Mo. Sup. Ct. Op. Rule 2.02 both support the public release of criminal court records. These provisions authorize the Missouri Supreme Court, the Court of Appeals, and all local courts to allow members of the public to inspect and copy criminal court records upon request. However, access does not extend to certain records, particularly those sealed or deemed confidential. The Missouri Court Operating (COR) Rule 4.24 highlights some confidential criminal court records. Members of the public cannot access:
- Juror questionnaires
- Grand jury proceedings
- Victims of sexual offenses
- Juvenile criminal court records
- Criminal psychiatric evaluations
- Pre-sentence investigations and probation and parole reports
- Search warrant applications until the warrant is returned or expires
What Criminal Court Records Contain in Missouri
A typical public criminal record will contain the following:
- Case headers including the name of the judge assigned to the case, the filing date, the location, the case type, the disposition, the name of the judge at the disposition, the disposition's date, and the financial information
- Parties & attorneys, including the defendant's name, address, and birth year, and the prosecuting attorney's name and address
- Charges, including description, charge date, code, OCN, and the law enforcement agency's name
- Sentence description, date, start date, length, and text.
- Service and return information, who the summons was issued to, document issued, date issued, due date, document ID, type of service, service/attempt date, and who the summons was served to.
- Scheduled hearing & trial location, room, time, address, and event
- Judgment date, description, amount, who the judgment is against, and date of satisfaction
Missouri Criminal Court Records Search
A criminal court records search involves reviewing an individual's official court documents and information to determine if they have a past or ongoing criminal case. Below are the practical pathways for locating criminal court records in Missouri:
Maryland Case.net is a web-based search portal where individuals can find real-time public information about Missouri court cases. Users can conduct a search without charges by clicking the Litigant Name Search, Filing Date Search, Case Number Search, Scheduled Hearing Search, or Judgment Index link.
Mail or email
Some circuit courts in Missouri have request forms that record seekers can use to obtain copies of criminal court records, while others require individuals to call them first. The court charges a fee for such requests, and acceptable forms of payment are usually cash, cashier's check, money order, or credit card. For example, the Cole County Circuit Court has a Copy Request Form on its website that requesters can use to inquire about criminal court records by mail or email.
In-person
Individuals can visit the circuit court in the county where the case was heard to view or obtain copies of criminal court records for a fee. The clerk charges $0.50 per page for plain copies and $1.00 per document for certified copies.
Free Access to Criminal Court Records in Missouri
Missouri law supports unrestricted access to criminal court records. Therefore, the Missouri Judicial Branch provides remote public access to criminal court records through its Case.net portal. Users can view, download, and print public criminal case documents on this portal without paying fees. They must click the Litigant Name Search, Filing Date Search, Case Number Search, Scheduled Hearing Search, or Judgment Index link to find the desired record. Free access to criminal court records comes with its own limitations. For example, Missouri courts will not issue certified copies of criminal court records or confidential records for free. Such records attract fees and can only be obtained in person at the court in the county where the case was heard. Fee waivers may be available for indigent applicants under court rules.
Sealing and Expungement of Criminal Court Records in Missouri
In Missouri, sealing and expungement refer to processes that limit public access to criminal records. Sealing generally keeps a criminal court record out of public view while leaving the record intact. The record still exists and can be accessed by the subject of record, their attorneys, law enforcement agencies, or anyone with a court order. Expungement, on the other hand, completely erases the criminal court record. The eligibility criteria for sealing or expungement, as well as the offenses that qualify for either, differ under Missouri statutes. Therefore, applicants are required to meet specific legal criteria for either process.
How to Seal Criminal Court Records in Missouri
Follow the steps below to seal criminal court records in Missouri:
- Step 1: Determine Eligibility: Applicants must review the RSMo §§ 610.122, 610.140, 610.14, and 610.130 to determine their eligibility. Those who meet the eligibility criteria should proceed to submit their applications.
- Step 2: Prepare Petition: Petitioners must file the appropriate form with the circuit court where the case was handled. The filing fee varies depending on the type of expungement. For example, the filing fee for expunging arrest records is $250.
- Step 3: Serve the Prosecuting Attorney: A copy of the petition must be served on the prosecuting attorney, and proof of service must be filed with the court. The prosecuting attorney has 30 days to respond to the petition.
- Step 4: Court Hearing: The court will set a hearing 60 days after receiving the prosecuting attorney's approval. All agencies named in the petition will be notified of the hearing.
- Step 5: Court Order: If the petition is granted, the judge will issue an order to seal the petitioner's criminal court record.
How to Expunge a Criminal Record in Missouri
An expungement is when a Missouri court destroys a criminal record. RSMo §§ 610.122, 610.140, 610.142, and 610.130 outline the eligibility criteria for expunging criminal records in Missouri. Those who meet the eligibility criteria can file any of the forms below at the circuit court in the county where the case was heard:
- CR 145 Petition for Expungement of Arrest Records
- CR 360 Petition for Expungement RSMo§ 610.140
- CR301 Petition for Expungement - Mistaken Identity
- CR375 Petition for Expungement - Marijuana-Related Offense(s)
The clerk will charge a filing fee, which can be waived for eligible indigent petitioners. A copy of the petition must be sent to the prosecuting attorney, who has 30 days to respond. The court typically holds a hearing within 60 days, subject to the attorney's approval, and notifies the prosecuting attorney and each official, agency, or other entity named in the petition. The judge will sign the expungement order if the petition is approved. The petitioner and relevant agencies will receive a copy of the expungement order.
Criminal Records in Missouri vs Court Records
Criminal records, also known as criminal history records, are statewide summaries of an individual's interactions with the criminal justice system. In Missouri, these records are compiled, maintained, and disseminated by the Missouri State Highway Patrol's Criminal Justice Information Services (CJIS) Division. In contrast, court records are the official documents created and filed during a criminal case. They reflect what happened inside the courtroom and can contain case filings, motions, pleadings, orders, judgments, verdicts, hearing transcripts, and docket entries, which show the timeline of events. The Missouri Judicial Branch maintains these records.
Requesting a Missouri Criminal History Record
Per RSMo § 43.500, a criminal history record is any document that contains information collected by criminal justice agencies on individuals who have committed a criminal offense. It includes identifiable details and notes about arrests, detentions, indictments, or other formal criminal charges, along with any resulting dispositions, sentences, correctional supervision, and releases. The Missouri State Highway Patrol's Criminal Justice Information Services (CJIS) Division is the custodian of all criminal history records in the state. Anyone can request a criminal history record in the state of Missouri.
How to Request a Missouri Background Check
Anyone can request background checks at the Missouri State Highway Patrol's Criminal Justice Information Services (CJIS) Division. These checks can be done online through the Missouri Automated Criminal History Site (MACHS) for a fee. The MACHS has two portals for background checks:
- MACHS Name Search Portal: This is a name-based search portal. Users must create an account and log in to the portal using an email address and password. A name-based search incurs a $15 per-request fee, plus a small convenience fee payable by credit card. The processing time is between five (5) and seven (7) business days.
- MACHS Fingerprint Search Portal: A fingerprint-based background check requires a completed fingerprint card (FD-258) and a fee of $20. Applicants are expected to visit an approved fingerprint services vendor to have their fingerprints taken for an additional fee of $11.50 per applicant. The vendor will typically send the fingerprints to the MSHP for processing, which takes 7 to 10 business days. Non-Missouri applicants can have their fingerprints taken at their local law enforcement agency. The processing time is between four (4) and six (6) weeks. An FBI standardized Applicant Fingerprint Card (FD-258) carrying the applicant's fingerprints and personal identifying information must be mailed to the MSHP alongside the appropriate fees:
Missouri State Highway Patrol
CJIS Division
Post Office Box 9500
Jefferson City, MO 65102-9500
Phone: (573) 526-6153
Active vs Archived Criminal Cases in Missouri
An active criminal case remains pending or ongoing in a Missouri court. Such cases are available on the Missouri's case.net system or at the court clerk's office. Conversely, an archived criminal case is a fully resolved case where judgment has been entered, appeals have been completed, and no further action is anticipated. Such case records are stored in off-site locations or digital archives and might not appear on the database. Inquirers may obtain archived criminal cases from the Missouri State Archives using the online request form, the County and Municipal Records Database, or by emailing a completed Genealogical Request Form to archref@sos.mo.gov.