McDonald County Arrest Records

Under the Revised Statutes of Missouri, RSMo Section 610.100, law enforcement agencies are required to maintain records of reported incidents and arrests. Law enforcement agencies are the custodians of arrest records for McDonald County. The records contain the identity, physical details, and other personal data of persons arrested and detained. When individuals are arrested and charged in the county's courts, the records generated become part of the McDonald County court records.

Arrest records are cardinal to the criminal justice system. They show the public local crime trends, help citizens locate recently arrested loved ones, and provide useful information about ongoing investigations. Interested parties may access these records through the McDonald County Sheriff's Office, other collaborating law enforcement agencies, the courts, and correctional facilities.

Are Arrest Records Public in McDonald County?

Under Missouri's Sunshine Law, arrest records are public. The law requires law enforcement to honor formal requests for these records. However, some records and details are confidential. This includes:

• Personal information that could pose a security risk to victims or witnesses
• Arrest records from ongoing criminal investigations
• Arrest records with sensitive personal data, such as social security number, state ID, driver's license, or bank account numbers
• Records involving minors
• Arrests that never led to charges in court
• Arrest records that have been expunged by the court

Although the public may not access confidential records, they are still available to criminal justice agencies, individuals who require such records for investigations, and the parties to a record and their attorneys.

McDonald County Arrest Statistics

According to information provided by the McDonald County Sheriff's Office, in 2017, the crime rate was 19.2 per 1,000 residents. By 2023, the crime rate had risen to 32.96 per 1,000 residents. The county jail had an average daily population of 44 inmates. The crime rate was 12 per 1,000 residents. There were 9 cases of sexual assaults, while drug possession violations and driving under the influence were the leading causes of arrests.

Find McDonald County Arrest Records

Record seekers may find McDonald County arrest records at the state and federal levels. At the state level, interested parties seeking an inmate's arrest record may use the Missouri Department of Corrections' Offender Search Tool available on their website. They may also search for currently incarcerated individuals using their first and last name or their Department of Corrections (DOC) identification. The search results will show their physical description, birth date, mugshot, DOC number, assigned location, aliases, and sentence summary.

At the federal level, record seekers may find offenders held by the FBI using the Federal Inmate Locator. For those detained by U.S. Immigration and Customs Enforcement (ICE), they could utilize the Online Detainee Locator System. They may search using parameters such as the detainee's full name or date of birth.

McDonald County Arrest Records Vs. Criminal Records

McDonald County arrest records and criminal records differ in creation, content, and legal implications. The McDonald County Sheriff's office and other law enforcement agencies create arrest records when an individual is detained. These records briefly detail an arrest. However, they do not prove guilt or innocence. Typically, an arrest record would not affect the subject unless it leads to a conviction.

On the other hand, McDonald County criminal records are created by the courts during criminal trials. They contain McDonald County arrest records, including details from trials, sentencing, and incarceration. Criminal records provide more in-depth information than arrest records, including conviction details. An individual with a criminal record in McDonald County may face challenges with their social status, housing, job opportunities, licensing, and other issues that necessitate background checks.

How Long Do Arrests Stay on Your Record?

Unless an arrest record is sealed or expunged, it remains on an individual's record permanently as part of their criminal history record. Pursuant to Sections 610.122 and 610.140 of the Revised Statutes of Missouri, individuals may petition the courts to remove arrest records if:

• Charges were not filed within three years of the arrest
• The individual was acquitted at trial
• The case was dismissed in court
• The individual was arrested based on false information
• The subject of the record has not had prior or subsequent convictions

Additionally, individuals applying for expungement must complete a mandatory waiting period of three years for misdemeanors and seven years for felonies. They must also have cleared all court-imposed fines, have no pending trials during the waiting periods, and be able to demonstrate rehabilitation.

McDonald County Arrest Warrants

In McDonald County, judges or magistrates issue arrest warrants. These warrants authorize the arrest of individuals suspected of criminal activity. However, the court will only issue a warrant after establishing probable cause upon receiving a complaint or affidavit from law enforcement. McDonald County arrest warrants typically include the following details:

• The arrestee's name and descriptive physical features
• The charges against the offender
• A command to arrest the offender
• The name and address of the arresting agency
• The name and signature of the issuing judge

Do McDonald County Arrest Warrants Expire?

In McDonald County, arrest warrants stay active indefinitely. They are effective until the individual named on the warrant appears in court, dies, or a judge cancels them. However, under the Sixth Amendment, the accused have a right to a speedy trial. Moreover, Missouri has a statute of limitations for prosecuting certain crimes. Therefore, a warrant may become void if the statute of limitations runs out. In unusual situations, a judge may revoke an arrest warrant, such as when new evidence clears the suspect of wrongdoing.

Expunge McDonald County Arrest Records

Under Missouri Revised Statutes Section 610.123, eligible individuals may get their arrest record expunged. This includes people who were arrested based on false information, had no charges filed or pending, and did not receive a suspended imposition of sentence. Petitioners must also demonstrate that there is no probable cause to believe they committed the crime for which they were arrested.

Petitioners must complete form CR 145 with the following details:

• Full name, date of birth, social security number, and driver's license
• Location of the arrest
• Indicate all agencies and public institutions that may hold the records, including prosecutors, courts, law enforcement, and AFIS.
• State the county and arrest date.
• Name of the arresting agency
• Provide the case number
• Describe the charges from the arrest
• Name the court where they were charged
• Submit fingerprints on a standard card approved by AFIS

Note: The court may dismiss the request if the petitioner fails to provide all the necessary information. They must send the completed form to the circuit court in the county where the original case was handled. In this case, the McDonald County Circuit Court.