Municipal Clerk Manual – Courts without JIS - Appendix: Appendix F

Clerk Handbooks

Municipal Clerk Manual – Courts without JIS

		Section/Rule:	F
Subject:	Appendix	Publication / Adopted Date:
Topic:	Appendix F - Records Retention and Destructions	Revised / Effective Date:	March 2020

Municipal Clerk Handbook
Courts without JIS
Appendix F - 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: case records that are closed to the public under chapters 577 and 610, RSMo; mental health records under chapters 630, 631 and 632, RSMo; records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo; juvenile division records under section 211.321, RSMo, and Rules 122.02; adoption records under section 453.120, RSMo; all papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo; records of any grand jury proceedings under chapter 540, RSMo; no true bills; criminal psychiatric evaluations under section 552.020.13, RSMo; pre-sentence investigations and probation and parole reports under Rule 29.07; treatment court division records treated confidentially by statute or federal regulation; motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section 545.940, RSMo; jury questionnaires maintained by the court in criminal cases under Rule 27.09; information that identifies a person as an applicant or recipient of IV-D services under sections 454.440 and 208.120, RSMo; search warrant until the warrant is returned or expires; filing information sheets under COR 4.07; information that identifies a person as a victim of a sexual offense under section 595.226, RSMo; or 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 transferred to the Missouri State Archives or to archival groups.
q To destroy confidential records, submit a completed Order of Destruction of Confidential Records form to the presiding judge for signature.
q These records must be destroyed by burning or shredding.

Process for Open Records:

q Complete and mail the Notice of Intent to Transfer Case Records to Missouri State Archives form (GN13).
q Submit a completed Order of Transfer of Case Records to Missouri State Archives form (GN16) to the presiding judge for signature.
q Records not accepted for transfer by the Missouri State Archives may be given upon request to archival associations, museum associations or organizations for preservation and availability for genealogical or other study.

File copies of all notices of intent to transfer, refusals and the signed orders in a secure location.

Procedures to Transfer/Destroy Microfilmed Records (COR 8.03(B))

Identify disposed case records eligible for transfer/destruction that have been microfilmed in accordance with the Guidelines for Microfilming Public Records (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 three years after disposition. Confidential records include: case records that are closed to the public under chapters 577 and 610, RSMo; mental health records under chapters 630, 631 and 632, RSMo; records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo; juvenile division records under section 211.321, RSMo, and Rules 122.02 and 122.03; adoption records under section 453.120, RSMo; all papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo; records of any grand jury proceedings under chapter 540, RSMo; no true bills; criminal psychiatric evaluations under section 552.020.13, RSMo; pre-sentence investigations and probation and parole reports under Rule 29.07; treatment court division records treated confidentially by statute or federal regulation; motions, court orders, and test results for sexually transmitted diseases that are required to be sealed under section 545.940, RSMo; jury questionnaires maintained by the court in criminal cases under Rule 27.09; information that identifies a person as an applicant or recipient of IV-D services under sections 454.440 and 208.120, RSMo; search warrant until the warrant is returned or expires; filing information sheets under COR 4.07; information that identifies a person as a victim of a sexual offense under section 595.226, RSMo; or any other record sealed or closed by statute, rule or order of a court of record for good cause shown.

Process for Confidential Records:

Process for Open Records:

The Missouri State Archives may transfer case records to another agency, provided adequate steps are taken for the permanent preservation of the case record information. No further approval from the circuit court is required.