Sunshine Law - Missouri Attorney General

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FAQs - Law Enforcement1) Should a juvenile’s name be redacted from a police report beforebeing released pursuant to a Sunshine Law request? Section 610.100,RSMo, does not directly address the names of juveniles, but another statute thatshould be considered is § 211.321.3, RSMo, which states: “Peace officers’ records. . . of children . . . shall not be open to inspection or their contents disclosed, exceptby order of the court.”2) Are criminal records related to a case with a suspended impositionof sentence open or closed records? If an individual receives a suspendedimposition of sentence (SIS), the records are open during the period of probation.Once the individual successfully completes the period of probation, the records arethen closed. Section 610.105, RSMo.3) Are motorists involved in automobile accidents entitled to anaccident report, even if the case is under review with the prosecutorabout pending charges? Generally, a person who was “involved in any incidentor whose property is involved in an incident” is entitled to records that mightotherwise be closed, including an accident report, “for purposes of investigationof any civil claim or defense.” This includes the individual’s lawyer, insurancecompany, or close family member. Section 610.100.4, RSMo. See also Question 4,below.4) Under what circumstances can a police agency deny access to policereports that might otherwise be open? Sections 610.100.3 and 610.100.4,RSMo, state that the agency has the authority to withhold the disclosure of recordsthat may otherwise be subject to disclosure under two circumstances. First, if theagency has an articulable concern over the safety of a victim, witness, or otherperson if the record is revealed. Second, disclosure is not necessary if the criminalinvestigation is likely to be jeopardized. However, the agency may need courtapproval for withholding this information.5) Is an employer entitled to closed criminal records of a prospectiveemployee? Under § 610.120, RSMo, a number of employers (including policeagencies) are entitled to closed records for employment purposes. This sectionalso states that the defendant can also have access to his or her closed records.Therefore, a prospective employee can allow other prospective employers to accessthose closed records, if a proper waiver is signed.522014 MISSOURI SUNSHINE LAW
6) Can a criminal defendant access police records related to his pendingcase under the Sunshine Law? No. Attorney General Opinion No. 200-94states that if criminal charges are filed, disclosures of police reports should occurunder the applicable Rules of Criminal Procedure promulgated by the MissouriSupreme Court. As a result, the defendant is generally required to seek hisdisclosures from the prosecuting attorney and not the law enforcement agenciesdirectly.7) How detailed must an incident report be in describing the“immediate facts and circumstances” of the crime or incident? Anincident report provides the general public with only the most basic informationabout each incident to which the law enforcement agency is called to respond. Insome cases, it may be sufficient to describe the incident as a “vehicle accident” or“domestic assault,” but in other situations more detail may be appropriate.8) What information is available from a 911 call? The information that isgenerally available or open regarding a 911 call is the “incident information” – thedate, time, specific location, and immediate facts and circumstances of the call. Therecording is inaccessible to the public. Section 610.150, RSMo.9) Are closed records to be destroyed? No, as a general rule, closed recordsare to be retained but made inaccessible to the public. Section 610.120, RSMo.MISSOURI SUNSHINE LAW 2014 53
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MissouriSunshine LawOpen Meetings a
Page 4: Table of ContentsInside the Sunshin
Page 7 and 8: advisory committee appointed by or
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Page 13 and 14: exemption shall not apply to the na
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Page 37 and 38: Transparency Policy37.070. Transpar
Page 39 and 40: KANSAS CITY STAR COMPANY v. SHIELDS
Page 41 and 42: OPEN RECORDS AND MEETINGSHEMEYER v.
Page 43 and 44: CLOSURE PERMITTEDAMERICAN FAMILY MU
Page 45 and 46: FEESR.L. POLK & CO. v. MISSOURI DEP
Page 47 and 48: LAW ENFORCEMENT RECORDSSTATE EX REL
Page 50 and 51: FAQs - Public Government Body1) How
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Page 56 and 57: Sample FormsSection 610.028, RSMo,
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Page 60 and 61: REQUEST TO HAVE OBJECTION TO CLOSED
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Page 64: OFFICE OF ATTORNEY GENERALCHRIS KOS
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Sunshine Law - Missouri Attorney General

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