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What Does A Criminal Background Check Reveal To Employers?

Criminal Background Check

“Entitled Entities” are allowed to screen applicants by running a criminal background check that shows both open and closed criminal records, including arrests, charges, convictions, dismissals, and probation.

Who Is Entitled To See What’s On Your Criminal Background Report?

Some employers and state agencies are “Entitled Entities,” which means they legally can require a job seeker to be fingerprinted and agree to disclose their entire criminal history (including both open and closed records) when applying for a job or license.

Some examples of “Entitled Entities” include:

  • Child/Elderly/Disabled Care Facilities (nursing homes, daycare, etc.)
  • Criminal Justice Agencies
  • Law Enforcement Agencies
  • State of Missouri
  • Department of Elementary & Secondary Education
  • State Colleges and Universities
  • Department of Health & Senior Services
  • Department of Insurance, Financial Institutions and Professional Registration
  • Department of Mental Health
  • Department of Natural Resources
  • Department of Public Safety
  • Department of Revenue
  • Department of Social Services
  • Division of Workers’ Compensation
  • Missouri Gaming Commission
  • Missouri Lottery
  • Licensing boards for doctors, nurses, veterinarians, chiropractors, engineers, accountants, hairdressers, etc.
  • Any agency permitted to screen persons seeking a permit to purchase or possess a firearm for employment as a watchman, security personnel, or private investigator

So, if you apply for a job with a company or entity listed above, they are entitled to see all of your criminal records (both open and closed) and can refuse to hire you because of your expunged criminal records.

Expunged criminal records can also be grounds for denying a professional license, certificate, or permit issued by the state of Missouri to practice your profession.

You can read Missouri statutes RSMO 610.120 and RSMO 43.543 for more information about which entities are entitled to see your open and closed criminal records.

What Is The Difference Between Open And Closed Criminal Records?

If you request a “Basic Name Search” criminal background check, it will show only your open records.

For example, if you are on probation, that is an open record because it’s not resolved yet. If you were charged with a crime but you haven’t been to court yet, that’s an open record.

If you request a “Fingerprint Search” criminal background check, it will show both open and closed records.

For example, if you were charged with possession of marijuana but your attorney got the charge dismissed, a “Basic Name Search” will not reveal anything on your criminal record. A “Fingerprint Search” will show that you were charged with marijuana possession and the case was dismissed, but only if the criminal records are being requested by an “Entitled Entity” that is allowed to see both open and closed records.

If you want to know more about the difference between open and closed records, I discussed it in more detail in my previous blog post, “What Shows Up On Your Criminal Background Check.”

Where To Buy A Copy Of Your Criminal Background Check

Here’s how to get a copy of your basic criminal background report:

For the most thorough, detailed criminal background report:

  • Go to state police headquarters in the county in which you live and request a Fingerprint Search criminal background report. This type of criminal background report is more detailed than the one you can buy online from CJIS.

If you have questions about your criminal background report, call the Missouri State Highway Patrol Criminal Justice Information Services (CJIS) at (573) 526-6153.

How To Get Old Convictions Expunged From Your Criminal Record

Missouri’s new expungement law went into effect on January 1, 2018 and it allows many misdemeanor and felony convictions to be sealed. “Sealing” a conviction means it will be closed to the public but some “entitled” entities will still be able to see it on your criminal record. (See my description of “entitled entities,” above.)

You can file a petition for expungement yourself without hiring an attorney, but it is a complicated process, so you will probably want to have an attorney handle it for you.

The filing fee is $100 plus a $250 surcharge. If you make a mistake, your petition will be rejected and you will have to wait 1 year to re-file, and you will have to pay the filing fee again.

You are allowed to file only 1 petition per circuit court, and there is a lifetime limit of 1 felony and 2 misdemeanors that can be expunged.

What Kinds Of Criminal Records Can Be Expunged Under Missouri’s New Expungement Law?

Most misdemeanors and non-class A felonies qualify for expungement under Missouri’s new expungement law, but there is a long list of exceptions found in RSMO 610.140. For example, a conviction for stealing or shoplifting is not eligible for expungement, but a conviction for misdemeanor marijuana possession is eligible for expungement.

For more information about which misdemeanors and felonies are eligible for expungement, and the waiting period before you can file a petition for expungement, click here to read my previous blog post about how to expunge old misdemeanor and felony criminal records.

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For a free consultation about your case, call St. Louis criminal defense attorney Andrea Storey Rogers at (314) 724-5059 or email Andrea at [email protected]

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How To Find A Prison Inmate In The Missouri Department of Corrections 

find a prison inmate

If you want to find a prison inmate or someone who is on probation or parole in Missouri, you can search for them on the Offender Web Search website.

How To Find A Prison Inmate Or Someone On Probation Or Parole

The Offender Web Search website can help you find a prison inmate in the Missouri Department of Corrections.

The Offender Web Search can also provide you with information about people who are on probation or parole and are being supervised by the Missouri Department of Corrections.

You can search using first name, last name, and alias names.

You will not be able to find information about a prison inmate who has been discharged from prison or who is no longer on probation or parole.

What Shows Up On Your Criminal Background Check?

After getting out of jail or completing probation, many people have trouble getting a job because of old arrests and convictions that show up on their criminal background report.

For more information, read my previous post about what shows up on your criminal background check.

How To Get Old Convictions Expunged From Your Criminal Record

Missouri’s new expungement law, RSMO 610.140, which took effect on January 1, 2018, makes it possible for more people to expunge (remove) old convictions from their criminal record.

Under the new expungement law, you can hire an attorney to file a petition in court to expunge all records relating to your prior arrests or convictions. You must have a clean record for 3 years (for misdemeanors) or 7 years (for felonies) after completion of probation or other sentencing before filing the petition for expungement.

There will be a hearing before a judge, who will decide whether to approve your request for expungement.

If your petition for expungement is successful, all records will be sealed (not destroyed), meaning the records will be closed to the public.

Unfortunately, law enforcement (police, prosecutors, and judges) will still be able to see the information about your prior criminal offenses even after expungement. Also, any employers that are considered “entitled entities” will be able to see what you had expunged from your criminal record. You can read RSMO 610.120 to find out who is entitled to see your closed criminal records after expungement.

What Can You Get Expunged From Your Criminal Record Under Missouri’s New Expungement Law?

Many misdemeanors and felonies are now eligible for expungement under Missouri’s new expungement law RSMO 610.140. You can read the law to determine if your conviction is eligible for expungement, but here are some examples:

  • Convictions for marijuana possession and other controlled substances ARE ELIGIBLE for expungement.
  • Convictions for stealing, dangerous felonies, sexual offenses, domestic violence, forgery, identity theft, and hate crimes are NOT ELIGIBLE for expungement

 

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St. Louis criminal defense attorney Andrea Storey Rogers is the owner of The Rogers Law Firm. She can be contacted at (314) 724-5059 or [email protected]

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What Shows Up On Your Criminal Background Check

A Missouri criminal background check can reveal both open and closed criminal records, but the detail of the information disclosed depends on who is requesting the information.

You Need to Know What’s On Your Criminal Background Report

It’s a good idea to obtain a copy of your criminal background report, just so you know exactly what will be revealed to potential employers, colleges, landlords, banks, etc.

It’s very common for someone to have been charged with a crime in the past (shoplifting, marijuana possession, under-age drinking) and think the charge has been dropped or “sealed” but later discover that an arrest or conviction is showing up on their criminal background report.

If you know exactly what is on your criminal background report, you will be prepared to explain to potential employers about a previous criminal charge or arrest. It’s better to explain in advance about being arrested or charged with a crime, rather than look like a liar because you incorrectly claimed to have a clean criminal record.

The Difference Between Open and Closed Criminal Records

A Basic Name Search criminal background report shows open records only.

A Fingerprint Search criminal background report shows both open and closed records.

When you have been charged with a crime but the case is not resolved yet, your case is an open pending case, which is an open record.

Closed records show what happened in the past. So, if you were arrested but the Prosecutor dismissed the charge, you pleaded guilty, or the Prosecutor reduced the charge to a lesser offense, the case is closed and that is a closed record.

EXAMPLE:  If you were not arrested but you were charged with shoplifting and you hired an attorney who got the charge dismissed, a Basic Name Search will show nothing. A Fingerprint Search will reveal that you were charged with shoplifting and the case was dismissed, but only if the requesting entity is the type of employer that is entitled to see both open and closed records.

When Do Arrests and Convictions Show Up On a Criminal Background Report?

If an entity that is entitled to see both open and closed records requests just a Basic Name Search criminal background report, that report will show both open and closed records, so arrests and convictions will both show up.

EXAMPLE  If you were arrested for marijuana possession and your attorney negotiates a plea bargain deal with the Prosecuting Attorney to reduce the charge to “Littering,” that’s an open record and a Basic Name Search will reveal that the Prosecutor 1) filed charges against you for marijuana possession, and 2) you were convicted of “Littering.” The arrest will not show up but the Prosecutor’s action of filing the charge of marijuana possession will show up.

EXAMPLE:  If you were arrested for shoplifting and your attorney convinces the Prosecuting Attorney to dismiss your case, that’s a closed record, so nothing will show up on a Basic Name Search criminal background report. In this situation, if you request a Fingerprint Search criminal background report, both open and closed records will show up, and the report will reveal that you were arrested for shoplifting and your case was dismissed, but only if the requesting entity is entitled to see both open and closed records.

Recent Arrests Will Show Up On a Basic Criminal Background Check

If you were arrested up to 30 days ago, the arrest is considered “fresh” and will show up on a Basic Name Search background check, even if the potential employer is not entitled to see both open and closed records.  

Probation Will Show Up On a Basic Criminal Background Report

If you received a Suspended Imposition of Sentence (SIS) with probation, it’s an open pending case while you are on probation and is considered an open record. It will become a closed record after you successfully complete probation and your case is closed.

The fact that you are on probation will show up even on a Basic Name Search criminal background report because it’s an open record.

If you apply for a job with an “entitled entity” employer like a daycare, the employer can require you to get a Fingerprint Search criminal background check, which will show the following:

  • Were you on probation in the past?
  • What were you on probation for?
  • Did you successfully complete probation?
  • Is the case closed?

You Don’t Have to Agree To Disclose All Records, Even If a Potential Employer Requests It

Some employers ask potential employees to get fingerprinted and request a Fingerprint Search criminal background report, even though the employer is not an entity that is entitled to see both open and closed records.

In that situation, the potential employee can choose what they want the potential employer to see — open records only, or both open and closed records. So, the person applying for a job who is required to get fingerprinted can request that only open records be disclosed on the background report, if the employer is not an entitled entity.

Some Employers Can Require Job Applicants to Disclose Both Open and Closed Criminal Records

If you are applying for a job with an “entitled entity” employer (criminal justice agency, state government, day care, etc.) and you are required to get fingerprinted and request a Fingerprint Search criminal background report, you must agree to disclose both open and closed records.

What Is An “Entitled Entity” Employer?

“Entitled Entity” employers are those that are legally entitled to require job applicants to get fingerprinted and disclose both open and closed records prior to being considered for a job.

Missouri statutes RSMO 610.120 and RSMO 43.543 explain which entities are entitled to see both open and closed records.

Examples of Entitled Entities:  day care, nursing home, criminal justice agency, State of Missouri.

How to Get a Copy of Your Criminal Record Check

To order a Missouri criminal record check, go online to the Missouri State Highway Patrol Criminal Justice Information Services (CJIS) website or call CJIS at (573) 526-6153.

Or you can go to the state police headquarters in the county in which you live and request a Fingerprint Search criminal background report. The Fingerprint Search criminal background report is more thorough than the criminal background report that you purchase online from CJIS.

If you have questions about  what is showing up on your Missouri criminal background report, or how to obtain a criminal background report, call the Missouri State Highway Patrol Criminal Justice Information Services (CJIS) at (573) 526-6153.

 

To get help for your criminal case, call St. Louis criminal defense attorney Andrea Storey Rogers at (314) 724-5059 for a free consultation and a price quote for legal representation. Or email Andrea at [email protected]

 

 

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Do Warrants Show Up On a Criminal Background Check?

In general, arrests and convictions show up on a criminal background check but warrants do not. Warrant information is not public information and, therefore, only courts and law enforcement should know if you have a warrant.

However, it all depends on which entity is providing the criminal history. For example, if you purchase a criminal background report from the Missouri State Highway Patrol, warrants will not be included in the criminal history, but warrants may appear in criminal background reports obtained from other entities.

How Much Information Will Show Up on Your Criminal Background Check?

The amount of information that shows up on a criminal background report depends on who is providing the report, but it also depends on who is requesting it. If you request your own background report and agree to be finger-printed, you will receive information on all of your open and closed cases. If a potential employer requests the report on your behalf, the employer will only receive information on open cases. However, the employer will also see your arrests and convictions, and the criminal background report will state why you were arrested and what crime you were convicted of.

Also, the criminal background check will be much more thorough if you are applying for a job with the FBI, a prison, police department, or other law enforcement-related entity.

The Record of an SIS May Show Up on a Criminal Background Report While You’re on Probation 

If you were charged with a criminal offense and received a plea-bargain deal called an SIS (Suspended Imposition of Sentence) with probation, your case will be an open case throughout the probation period. With an SIS, if you successfully complete probation without any violations, your case will be closed and there will be no conviction on your criminal record.

However, it is still possible that the record of the SIS will appear on a criminal background check. While your case is still an open case, companies that sell criminal background reports can find the record of your case and save it, and then they can sell that information later to any potential employer who wants to buy it.

Therefore, the record of your SIS and probation may appear on a criminal background report if the report is run during the time you’re on probation, but it may also show up even after your probation period is over and your case has been closed.

How to Get a Copy of Your Criminal Background Report

You can buy a copy of your criminal background report online from the Missouri State Highway Patrol:   https://www.machs.mshp.dps.mo.gov/MocchWebInterface/home.html

How To Get Convictions Expunged From Your Criminal Record

It is possible to get convictions expunged (removed) from your criminal record, but only a few types of misdemeanors and felonies are eligible for expungement, and only after 10 years (for misdemeanors) or 20 years (for felonies) of good behavior.

Keep in mind that, if you are able to get a conviction expunged from your criminal record, the conviction will still be visible to the FBI and the Missouri State Highway Patrol.

For more information, click here to read my previous blog post about Missouri criminal record expungement.

How to Find Out if You Have a Warrant

Most criminal defense attorneys subscribe to some type of online service which allows them to run a warrant search for clients. Your attorney can find out if you have a warrant and can tell you whether the warrant is state-wide, regional, or nationwide in scope. You can also call the court to ask if they have issued a warrant for your arrest.

How To Get an Arrest Warrant Lifted in Missouri

In many cases, an attorney can get your warrant lifted and obtain a new court date for you, and you won’t have to pay the bond. See my previous blog post about how to get an arrest warrant lifted in Missouri.

However, if you have already appeared in court and pleaded guilty, but you failed to pay the fine or complete a court-ordered duty (attend driving school, perform community service, attend a drug education class, etc.), an attorney may not be able to get your warrant lifted without payment of a bond.

If you have questions about an arrest warrant or criminal background check, call St. Louis traffic lawyer Andrea Storey Rogers at (314) 724-5059 or via email at [email protected] for a free consultation and a price quote for legal representation.