Cape Girardeau County Arrest Records

According to Missouri State Statutes Chapter 610.100, an arrest occurs when a person is restrained or voluntarily surrenders to the custody of an officer under the authority of a warrant for a criminal offense.

Following the apprehension, the arresting officer completes the booking process, which involves uploading the arrestee's personal information and an arrest incident report into a physical and/or electronic database. Cape Girardeau County arrest records are produced from this booking process. They can serve both legal and law enforcement purposes. In the judicial system, they are part of Cape Girardeau County court records. For law enforcement, they are vital components of the county record-keeping systems.

Are Arrest Records Public in Cape Girardeau County?

Yes. Missouri state law statutes provide that Cape Girardeau arrest records be regarded as "open records". This means that any U.S. citizen who is interested in the contents of the county's arrest records has the right to view, inspect, and make copies of them. The Missouri County Sunshine laws further allow access to any arrest record maintained by a government agency as long as they are not exempt by a state statute or court order. Some examples of Cape Girardeau arrest records made confidential by state laws include:

• Juvenile arrest records
• Any arrest records that disclose any ongoing law enforcement reports
• Arrest records that reveal the identity of a sexual abuse victim
• Arrest records that have been sealed or expunged
• Arrest records of persons under protective custody

What Do Public Arrest Records Contain?

A Cape Girardeau public arrest records contain the following information:

• The name of the arrested person
• The accused person's age, gender, and address
• Date and time of the arrest
• Name of the arresting unit and arresting officer
• Booking number and booking date
• Charges against the accused
• Name of the Facility where the accused is held
• Release date

Find Cape Girardeau County Arrest Records

Interested persons may find Cape Girardeau County arrest records by requesting them from the Cape Girardeau County Sheriff's Office, the county police department, and the county court clerk's office. The records unit of the law enforcement agencies in the county permits requests for arrest records. Information about reports and arrest records filed within the Police Department is available to Cape Girardeau residents who visit the Records Unit during business hours (8 am to 5 pm, Monday through Friday). The records units also allow requests through the U.S. mail or Email: records@cityofcape.org.

Arrest records from cases tried in Cape Girardeau County Court can also be obtained at the county clerk's office. The county clerk's office allows persons to make requests by completing a public records request form on the county clerk's webpage. Access to the record will be granted immediately after a request is received but no later than the end of the third working day.

Law Enforcement agencies and the county clerk's office require similar information from requesters to search for arrest records within their system:

• Case number (for the clerk's office of the county court)
• The arrest's date, time, and location (specific street address or junction)
• Event type (in this example, arrest)
• Complete names of those persons on the arrest records

Any person arrested and held for more than 24 hours is transferred to the county sheriff's jail. Interested persons can search for inmates held within the prison by searching the inmate roster on the county sheriff's website or by contacting the county sheriff's jail division at Tel (573) 243-3551.

Free Arrest Record Search in Cape Girardeau County

Arrest records can be obtained for free from the Cape Girardeau police department and the county clerk's office if requesters can prove that the records will be used in the public interest. Law enforcement agencies may also decide to waive the request fee if the request is via email and the search only takes a few minutes.

An alternative option to perform an arrest record search in Cape Girardeau is using third-party sites. Third-party sites can be convenient because they allow requesters to search for arrest records remotely. However, the information accessed through these sources should be fact-checked for accuracy.

How Long Do Arrests Stay on Your Record?

It depends. Most Cape Girardeau arrest records will remain on a person's criminal history as long as they are alive. However, Section 2 of Article XIV of the Constitution of Missouri allows the Automatic erasure of arrest records for certain marijuana-related offenses, except there is reasonable cause to deny the expungement. The only way to permanently get rid of an arrest record and prevent it from coming up in background checks is to apply for expungement of the record.

Expunge Cape Girardeau County Arrest Records

Expungement is the legal process of removing a person's criminal records from every official law enforcement and judicial database. An expunged record cannot be found by members of the public who request it; it is as though the arrest never happened.

The eligibility requirements for clearing a person's records are outlined in RSMo §610.140. The following criteria determine if an arrest record can be expunged:

• The charges that led to the individual's arrest.
• Whether the defendant was found guilty, acquitted, or had the charges dropped.
• The individual is a repeat offender.
• How long has it been since the applicant's last offense without committing another crime?

Generally, a person who has been acquitted or has had their charges dismissed or dropped can apply for expungement within a year of an arrest. Throughout their lifetime, a person may be awarded more than one expungement; however, they are not permitted to erase more than two misdemeanors or more than one felony offense. Individuals are eligible to expunge their arrest record if they meet the following requirements:

• If the offense the person is arrested for is a felony, it has been at least 7 years at the time the petition is submitted; if it is a misdemeanor, it has been at least 3 years.
• During the waiting period given for the underlying offense, the individual has not been convicted of any other misdemeanor or crime.
• The individual has fulfilled all duties associated with such convictions, such as paying penalties or making amends.
• No charges are pending against the individual.
• The petitioner's behavior and habits show no threat to the state's public safety.

Unfortunately, specific categories of arrests and convictions cannot be expunged. They include:

• Any felony classified as class A;
• Any harmful crime, as defined by section 556.061 of the Missouri legislature;
• Any violation that mandates sex offender registration;
• Any felony offense in which death is a contributing factor;
• Any felony offense, including assault, domestic abuse, either a misdemeanor or a felony, or abduction;

Eligible persons may apply for expungement by filing an expungement petition at the court where the judicial proceeding for the arrest took place within Cape Girardeau. It is the responsibility of the court clerk to notify the office of the prosecuting attorney, circuit attorney, or municipal prosecuting attorney who prosecuted the offenses specified in the petition that the petition has been filed. If a party opposes the expungement petition, they must do so in writing within 30 days of the petition being served. Typically, the court will schedule a hearing within sixty days after receiving a written objection, providing the petitioner with adequate notice of the hearing. The court will hear the case and notify all the entities listed in the petition if no objection is submitted within 30 days of filing. The court will consider any hearing, evidence, and testimony about each offense, violation, or infractions specified in the petition for expungement.

If the expungement is granted, the court will notify the arresting agency to expunge the record.

Cape Girardeau County Arrest Warrants

Arrest warrants are documents issued at a court that contain a directive to law enforcement to apprehend a suspect. They are issued when a citizen or law enforcement makes a written complaint officer in court. The complaint must show undeniable evidence that a person has been accused of a crime committed. The judge typically determines if there is probable cause for the arrest to be issued based on the complaint. An arrest warrant issued in Cape Girardeau County must show the following information per 22.05 of the Missouri criminal code:

• It must include the name of the person who is about to be arrested, as well as any aliases or descriptions that allow for a reasonable identification of the defendant;
• Specify the offense that is being accused in the complaint;
• Indicate the county and the date of issuance;
• Direct the arrest and immediate delivery of the offender named or described in the warrant.
• Indicate the release condition or set of circumstances,
• A particular warrant must be signed by the court or a clerk at the court's request.

Anyone can search for arrest warrants in Cape Girardeau County online using the wanted person search portal on the county sheriff's website. Users can simply provide a person's name and view warrants issued for their arrest. Individuals can also contact the Cape Girardeau police department information desk at (573) 339-6621 to inquire about active warrants.

Do Cape Girardeau County Arrest Warrants Expire?

No. They remain in effect indefinitely, regardless of the kind of arrest warrant and the underlying criminal allegations. The warrant will remain active unless the listed individual is arrested or dies.