In Missouri, the scope of what is considered a criminal record is often broader than expected. It covers not only convictions but also arrests, pending charges, and other legal information that can follow someone for years.
Knowing about it is essential for anyone applying for jobs, housing, or professional licenses.
Here are details that can make a significant difference when making personal or legal decisions around such a record.
Legal Definition Under Missouri Law
A criminal record is an official record of a person’s interactions with the criminal justice system. In Missouri, these records are maintained by law enforcement agencies, courts, and the Missouri State Highway Patrol.
They provide a legal history that can be used by:
- Employers
- Licensing boards
- Government agencies
Criminal records exist for reasons such as:
- Identifying individuals with prior criminal activity
- Providing accurate information to courts and law enforcement agencies
- Allowing employers and licensing boards to evaluate applicants
The state keeps both public and restricted records. Some are available through court systems or online searches, while others can only be accessed by certain agencies or through authorized background checks.
What Appears on a Criminal Record in Missouri
Missouri criminal records can contain events that resulted in formal charges and outcomes, as well as some that did not.
Typical information includes:
- Arrests, even if charges were never filed
- Pending charges, including current cases awaiting resolution
- Convictions for misdemeanors, felonies, or infractions
- Sentencing details, such as probation terms or incarceration length
- Court records, including case numbers and dispositions
- Expunged or sealed records do not appear in standard public searches but remain visible to law enforcement and certain licensing agencies
This information is stored in systems such as the Missouri Uniform Law Enforcement System (MULES) and the Highway Patrol’s central repository.
Even if charges are dropped, an arrest record can remain unless it is later expunged.
Misdemeanors and Felonies
Both misdemeanors and felonies appear on Missouri criminal records. They include the nature of the offense, the outcome, and sentencing information.
Non-conviction Data
This can involve cases that were dismissed, arrests that did not lead to charges, or situations where charges were dropped.
Non-conviction data is often restricted from public access after a certain period, but law enforcement and some licensing agencies can still view it.
Public vs. Law Enforcement Records in Missouri
Not all criminal records are equally accessible. Within the state, there’s a clear difference between public criminal records and law enforcement records.
- Public criminal records are the portions of a person’s record that are available to the general public. These typically include:
- Convictions for misdemeanors and felonies
- Court case information and dispositions
- Certain pending charges or recently closed cases
They can often be found through Missouri’s online case search system or by requesting information from the Missouri State Highway Patrol.
- Law enforcement records contain a broader range of information that is not generally accessible to the public. These records may include:
- Arrests that did not result in charges
- Sealed or expunged information, which remains visible to law enforcement
- Non-conviction data and investigative details
- Information shared between state agencies and the FBI
This distinction matters because even if a record has been expunged or sealed from public view, law enforcement and some licensing agencies can still access it for specific legal purposes.
How Criminal Records Are Collected and Shared
Missouri’s criminal record system is built from multiple data sources. This layered process explains why records can include more than expected, even if a case never led to a conviction.
The process of collecting and sharing:
- Law enforcement agencies create records at the time of arrest, booking, or fingerprinting
- Courts add information when charges are filed, hearings are held, or cases are resolved
- The Missouri State Highway Patrol acts as the central repository, combining data from agencies across the state
- Records may be shared with the FBI, which maintains national databases for federal and state use
Each agency contributes its own data, so a single incident can generate multiple entries.
For example, an arrest that never results in charges may still appear in some records unless it is later expunged or sealed.
What Is Considered a Criminal Record in Employment Background Checks
When employers conduct background checks, they often access more detailed information than what the public can see.
This is especially true for jobs that involve security clearances, licensing, or public safety responsibilities.
Typical Missouri employment background checks may reveal:
- Misdemeanor and felony convictions, including the type of offense and outcome
- Pending charges that have not been resolved
- Arrest records may appear depending on the source, but private employers usually cannot access non-conviction data directly
- Expunged or sealed records, which usually do not appear to private employers
- Sentencing details, such as probation or incarceration terms
Employers must follow state and federal rules when they use criminal record information during hiring. These are:
- FCRA
- Employers need the applicant’s permission to run a third-party background check
- Must give notice before taking any negative action based on it
- Title VII and EEOC guidance – To avoid discrimination, employers must consider:
- How the offense relates to the job
- How long ago it happened
- The nature of the offense
- RSMo §324.012
- Missouri licensing boards can’t deny a license just because of a criminal record unless the offense is directly related to the job
These rules set boundaries on how criminal records can be used in employment decisions, balancing employer interests with applicants’ rights under Missouri and federal law.
Access, Expungement, and Record Sealing in Missouri
Missouri law provides a legal path to expungement, which can remove certain records from public view and most background checks.
It’s a process that’s available for many misdemeanors and some felonies after a waiting period.
Expungement Eligibility
- Many misdemeanors can be expunged after three years of completing the sentence
- Many felonies require a seven-year waiting period
- Certain offenses, including Class A felonies, dangerous felonies, and sex offenses requiring registration, are not eligible for expungement
- Once expunged, individuals can typically answer “no” to criminal history questions on job applications, with limited exceptions
Effects of Sealing
Expunged records are sealed from most public access. However, law enforcement agencies, courts, and some licensing boards may still access them for specific purposes.
Reminder: Expungement does not erase the past, but it limits how far back others can look.
Take Control of Your Criminal Record in Missouri
Reviewing your record, understanding which entries can be expunged, and knowing how employers view different types of information can help protect future opportunities.
The good news is that Missouri law offers ways to limit public access to old records, but the process requires careful legal handling.
Let Rose Legal Services assist you with expungement petitions, background check concerns, and legal questions about what information may appear in different systems. Call a Missouri lawyer today.