Municipal Clerk Manual – Courts with JIS - Chapter 5 - Record Keeping Procedures: Closed Records Under Chapter 610, RSMo

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	5.1
Subject:	Chapter 5 - Record Keeping Procedures	Publication / Adopted Date:	February 1992
Topic:	Closed Records Under Chapter 610, RSMo	Revised / Effective Date:	April 2018

Municipal Clerk Manual
Courts with JIS
Chapter Five - Record Keeping Procedures

5.1 – Closed Records under Chapter 610, RSMo

References
Statutes: 43.500, 43.543, 595.226, 610.100, 610.105 and 610.120, RSMo
Supreme Court Rules: N/A
Court Operating Rules: 4.24
Publication Date: February 1992
Revised: April 2018

Introduction

Confidential or "Closed" records are records to be maintained in a manner making them inaccessible to the general public. The records are accessible only to the defendant, court personnel, and specific agencies for specific purposes.

Records that are Closed (Sections 610.105 and 610.120, RSMo)

If any person is arrested and not charged with an offense within 30 days of the arrest, all official records of the arrest, detention, or confinement are closed.

If any person is charged but the case is later nolle prossed, dismissed, or the accused is found not guilty, the records are immediately closed. If imposition of sentence is suspended, the records are closed when the case is finally terminated. However, the court’s judgment or the final action taken by the prosecutor shall be an open record.

Victims of Crimes (Section 595.226, RSMo)

Identifying information contained in court documents, whether written or published on the internet, of a victim of sexual assault, domestic assault, stalking, rape in the first or second degree, or forcible rape shall be confidential and redacted from such record prior to disclosure to the public. Identifying information includes:

1. Name

2. Location

home or temporary address

3. Telephone Number

4. Social Security Number

5. Physical Characteristics (including an unobstructed visual image of the victim’s face or body).

6. Place of Employment

Identifying information regarding the victim may be revealed upon a determination by the court that the requestor has a legitimate interest in obtaining the information and the court determined that the disclosure will not compromise or endanger the welfare and safety of the victim and only after providing reasonable notice to the victim and after allowing the victim the right to respond to such requests.

Clerk's Duties/Procedures

Reminder: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Courts Accepting Paper Documents

JIS Case Security

1. The following user security levels determine who can view a confidential or closed case in JIS. These levels are assigned in either the case initiation process or updated at a later date.

1.1 Level 2: Closed Traffic Cases Transferred to PA.

1.2 Level 3: Open Dismissed/Not Guilty/Nolle Prossed.

1.3 Level 4: Drug/Alcohol.

1.4 Level 5: Sealed.

2. To assign the security level during case initiation or at disposition:

2.1

CMAINIT - Case Initiation Maintenance

(See

Case Initiation Procedures

in GOLD.)

Enter the appropriate level of security in the Case Security field.

2.2

CDACASU - Custom Case Information Update

(See

Case Initiation Procedures

in GOLD.)

Inquire upon the case ID the security level needs updated on.

Enter the appropriate level of security in the Case Security field.

Save the changes.

Note: Certain docket codes entered into certain case types cause the security level to be changed automatically on a case. For example, entering DDST - Dismissed by Prosec/Nolle Pros will cause JIS to automatically raise the case security level to 3.

Inspection of Closed Records (Section 610.120, RSMo)

1. Refer the request to the judge. If a judge is not available, ask the person to submit a request in writing or make an appointment to see the judge. Form CR 30 – Application to Inspect Closed Criminal Records is provided at the end of this section.

1.1 Do not advise the person the record is confidential; and

1.2 Do not determine if the person making the request is legally entitled to inspect the record. An exception would be if the person offers proof of identity and is authorized to see the record, e.g., the defendant in a closed case.

Note: Certain state agencies and law enforcement may access case.net through a confidential log to view closed records. Contact the OSCA Help Desk for further information.

2. CDADOCT - Custom Docket Association Entry (See Docketing Procedures in GOLD.)

2.1 Use the following docket code:

FAPFI - Application Filed, to record an Application to Inspect Closed Criminal Records was filed.

Associate the filing party to the docket code.

Indicate in docket text if an appointment with the judge is made.

2.2 Use the following docket code:

ONOTE - Judge/Clerk Note and record in docket text the judge’s approval or denial

Note: Every request may not have to be sent to the judge if there is a court approved policy allowing the clerk to authorize inspection in certain situations. When in doubt, always refer the request to a judge.

3. Run the Security Exception Report weekly to quickly identify any case where the security is not set correctly and is not closed to the public as required by law. (See Reports (OSCA Reports) in GOLD)

JIS Reports

A description of the report shown below and instructions on how to use it is

available in GOLD.

OSCA Reports
Security Exception Report

Courts Accepting eFiled Documents

Note: Multiple submissions for a single case may be pending in the case import queue. If there are multiple subsequent (non-initiating) submissions to be processed for a single case, the message will read, “There are multiple records associated to this filing. Do you want to see all related records?” Respond either by choosing “Yes,” to display all filings or “No” to process only this filing.

1. CWICTCQ – Case Import (See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)

1.1 Query the import queue for the request.

1.2 Enter the appropriate 2-character JIS location code

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note: If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1 Verify the document was submitted on the correct case.

1.5.2 Verify the document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

2. If the document meets your local court standards, access CWACTRI by double clicking on the selected record or by clicking on Details in the navigation pane of CWICTCQ.

3. CWACTRI – Case Import (See Electronic Case Import: Case Import (CWACTRI) – Procedures: Accepting an eFiled Case in GOLD)

Note:

A Save must be performed following each step below:

3.1 Verify and accept the following docket codes as appropriate:

FAPFI – Application Filed, to record an Application to Inspect Closed Criminal Records was filed.

3.2 Associate the filing party to the docket code, if needed.

3.3 Add the docket code ONOTE – Judge/Clerk Note, and record in docket text the judge’s approval or denial.

3.3 Review, modify or add a docket code or docket text as necessary. Indicate in docket text if an appointment with the judge is made.

Note:

Every request may not have to be sent to the judge if there is a court approved policy allowing the clerk to authorize inspection in certain situations. When in doubt, always refer the request to a judge.

4. CWACTDE – Complete Submission (See Procedures: Electronic Case Import: Case Import Event in Gold)

4.1 If any selection is made in the navigation pane you must select the Red Door icon to go back to

CWACTDE

before your submission is successfully completed.

Note:

Once case processing is completed, save and select the Red Door Icon to exit

CWACTDE

at which point the case number will pop up in a notification box stating the case has been accepted.

5. Run the Security Exception Report weekly to quickly identify any case where the security is not set correctly and is not closed to the public as required by law. (See Reports (OSCA Reports) in GOLD)

Forms
CR 30 - Application to Inspect Closed Criminal Records