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Section/Rule:
F
Subject:
Appendix
Publication / Adopted Date:
Topic:
Appendix F - Records Retention and Destruction
Revised / Effective Date:
October 2015
MUNICIPAL CASES
RECORDS RETENTION/DESTRUCTION GUIDE
Municipal ordinance cases are considered disposed upon acquittal, dismissal or nolle prosequi, or after sentencing upon a plea of guilty or finding of guilty and completion of the period of probation and (a)when the time for an appeal or application for trial de novo has expired and no appeal or application has been made; or (b)if an appeal has been made, when the mandate or dispositional order of the appellate court has been filed in the circuit court; or if an application for trial de novo has been filed, when the dispositional order has been filed in the municipal or associate division where the case originated. A case is not considered disposed if there is an outstanding warrant or if the case is in an inactive status.
Municipal COR 8 retention grid.pdf
Procedures to Transfer/Destroy Records that Meet the Retention Schedule (COR
8.02(a)
)
Identify disposed case records eligible for transfer/destruction, which have met the retention schedule. Separate records open for public inspection from confidential records. Confidential records include, among others, case records that are closed to the public by Chapter
610
, RSMo; mental health records under section
630.140
, RSMo; pre-sentence investigations and probation and parole reports under Rule
29.07
; motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section
566.135
, RSMo; information that identifies a person as an applicant or recipient of IV-D services under section
454.440
or section
208.120
, RSMo; search warrants until the warrant is returned or expires; filing information sheets; and any other record sealed or closed by statute, rule or order of a court of record for good cause shown.
Process for Confidential Records:
Confidential records may not be offered or transferred to archival groups.
q
To destroy confidential records, submit a completed Order of Destruction form to the presiding judge for signature.
These records must be destroyed by burning or shredding.
Process for Open Records:
Complete and mail the Offer of Records to State Archives and County, City, or Regional Archival Museum or Association form (
GN13
).
If the state archives
and
the local historical society accepts the offer of records, precedence is given to the state archives, submit a completed Order of Transfer form (
GN16
) to the presiding judge for signature.
If the state archives
or
the local historical society accepts the offer of records submit a completed Order of Transfer form (
GN16
) to the presiding judge for signature.
q
If records have been refused or there has been no response in 45 days by state archives or the local historical societies, submit a completed Order of Destruction form (
GN15
) to the presiding judge for signature.
Destroy records as directed by the presiding judge’s order.
The court en banc of the circuit court has the right to accept or reject any request for the transfer of case records. File copies of all offers, refusals, requests for orders of transfer or destruction, and the signed orders in a secure location.
Procedures to Transfer/Destroy Microfilmed Records that Do Not Meet the Retention Schedule But Have Been Disposed at Least Five Years (COR
8.03(b)
)
Identify disposed case records eligible for transfer/destruction which do not meet the retention schedule of Court Operating Rule
8
but have been disposed at least 5 years and have been microfilmed in accordance with the Microfilming Guidelines and Microfilming Standards and Specification
(
www.sos.mo.gov/archives/pubs/mfmg/
)
.
Separate records open for public inspection from confidential records. In addition, there may be some documents in the civil and criminal case files which can be purged prior to microfilming or storing. Confidential records include, among others, case records that are closed to the public by Chapter
610
, RSMo; mental health records under section
630.140
, RSMo; pre-sentence investigations and probation and parole reports under Rule
29.07
; motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section
566.135
, RSMo; information that identifies a person as an applicant or recipient of IV-D services under section
454.440
or section
208.120
, RSMo; search warrants until the warrant is returned or expires; filing information sheets; and any other record sealed or closed by statute, rule or order of a court of record for good cause shown.
Process for Confidential Records:
q
Confidential records may not be offered or transferred to archival groups.
q
To destroy confidential records, submit a completed Order of Destruction of Confidential Records (
GN14
) to the presiding judge for signature for issuance of an order of destruction.
q
These records must be destroyed by burning or shredding.
Process for Open Records:
Complete and mail the Offer of Records to State Archives and County, City, or Regional Archival Museum or Association form (
GN13
).
If the state archives
and
the local historical society accepts the offer of records, precedence is given to the state archives, submit a completed Order of Transfer form (
GN16
) to the presiding judge for signature.
If the state archives
or
the local historical society accepts the offer of records submit a completed Order of Transfer form (
GN16
) to the presiding judge for signature.
q
If records have been refused or there has been no response in 45 days by state archives or the local historical societies, submit a completed Order of Destruction form (
GN15
) to the presiding judge for signature.
Destroy records as directed by the presiding judge’s order.
Any agency receiving transferred records may destroy or transfer the records to another agency after notifying the court.