Supreme Court of Missouri
en banc
June 29, 2018
Effective July 1, 2018
Effective July 1, 2018
In re:
Repeal of subdivision 4.24, entitled "Confidential Records;" subdivision 4.25, entitled "Sealed Records;" and subdivision 4.26, entitled "Expunged Records," of Court Operating Rule 4, entitled "Uniform Record Keeping System," and in lieu thereof adoption of a new subdivision 4.24, entitled "Confidential Records;" a new subdivision 4.25, entitled "Sealed Records;" and a new subdivision 4.26, entitled "Expunged Records."
ORDER
1. It is ordered that effective July 1, 2018, subdivisions 4.24, 4.25, and 4.26 of Court Operating Rule 4 be and the same are hereby repealed and a new subdivision 4.24, a new subdivision 4.25, and a new subdivision 4.26 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 4.24 CONFIDENTIAL RECORDS
1) Confidential records shall be maintained so as to be inaccessible to
the general public. These records may include sealed or expunged records. The following, including court docket sheets and indexes for these matters, are confidential:
2) The court shall consider all requests to inspect confidential records and may approve such requests if authorized by statute or Supreme Court Rule. A docket entry of the decision of the court shall be made.
COURT OPERATING RULE 4.25 SEALED RECORDS
1) Confidential paper records and confidential electronic records stored on portable media (e.g., DVD, CD, or flashdrive) shall be maintained in a sealed envelope within the case file or in a sealed envelope or other container apart from the case file. Confidential paper and electronic records maintained within the case file shall be removed prior to inspection of the case file by non-court personnel.
The case number, case description and date the confidential record was sealed shall be noted on the envelope or container.
2) Confidential electronic records shall be maintained at the appropriate security level to limit access as in the case of confidential paper records.
3) A court order shall be required to open or allow access to confidential records.
COURT OPERATING RULE 4.26 EXPUNGED RECORDS
Access to records ordered expunged shall be granted in the manner and to the person(s) as provided by law.
1) Paper records and electronic records stored on portable media (e.g., DVD, CD, or flashdrive) ordered expunged shall be maintained as provided in COR 4.22 in order to restrict access to only person(s) authorized by law. Such records shall not be destroyed or obliterated unless the expungement statute under which relief is granted so provides.
2) Electronic court records ordered expunged shall be maintained at the appropriate security level in order to restrict access to only person(s) authorized by law. Electronic court records shall not be destroyed, deleted, or purged unless the expungement statute under which relief is granted so provides.
1) Confidential records shall be maintained so as to be inaccessible to
the general public. These records may include sealed or expunged records. The following, including court docket sheets and indexes for these matters, are confidential:
a) Case records that are closed to the public by chapter 610, RSMo;
b) Mental health records under section 630.140, RSMo;
c) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
d) Juvenile court records under section 211.321, RSMo, and Supreme Court Rules 122.02 and 122.03;
e) Adoption records under section 453.120, RSMo;
f) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo;
g) Records of any grand jury proceedings under chapter 540, RSMo;
h) True bills issued by a grand jury before the defendant is arrested under section 545.080, RSMo;
i) No true bills, which are to be sealed;
j) Criminal psychiatric evaluations under section 552.020.13, RSMo;
k) Pre-sentence investigations and probation and parole reports under Supreme Court Rule 29.07;
l) Drug court records under section 478.005, RSMo;
m) Motion, court order, and test results for sexually transmitted diseases, which are required to be sealed within the court file under section 545.940, RSMo;
n) Juror questionnaires. Questionnaires for individuals comprising criminal jury panels shall be sealed at the conclusion of the trial under Supreme Court Rule 27.09;
o) Information that identifies a person as an applicant or recipient of IV-D services under section 454.440 and section 208.120, RSMo;
p) Search warrant applications until the warrant is returned or expires;
q) Filing information sheets, referenced in COR 4.07;
r) Victims of sexual offenses under section 566.226, RSMo; and
s) Any other record sealed, expunged, or closed by statute, Supreme Court Rule or order of a court of record for good cause shown.
b) Mental health records under section 630.140, RSMo;
c) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
d) Juvenile court records under section 211.321, RSMo, and Supreme Court Rules 122.02 and 122.03;
e) Adoption records under section 453.120, RSMo;
f) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846, RSMo;
g) Records of any grand jury proceedings under chapter 540, RSMo;
h) True bills issued by a grand jury before the defendant is arrested under section 545.080, RSMo;
i) No true bills, which are to be sealed;
j) Criminal psychiatric evaluations under section 552.020.13, RSMo;
k) Pre-sentence investigations and probation and parole reports under Supreme Court Rule 29.07;
l) Drug court records under section 478.005, RSMo;
m) Motion, court order, and test results for sexually transmitted diseases, which are required to be sealed within the court file under section 545.940, RSMo;
n) Juror questionnaires. Questionnaires for individuals comprising criminal jury panels shall be sealed at the conclusion of the trial under Supreme Court Rule 27.09;
o) Information that identifies a person as an applicant or recipient of IV-D services under section 454.440 and section 208.120, RSMo;
p) Search warrant applications until the warrant is returned or expires;
q) Filing information sheets, referenced in COR 4.07;
r) Victims of sexual offenses under section 566.226, RSMo; and
s) Any other record sealed, expunged, or closed by statute, Supreme Court Rule or order of a court of record for good cause shown.
2) The court shall consider all requests to inspect confidential records and may approve such requests if authorized by statute or Supreme Court Rule. A docket entry of the decision of the court shall be made.
COURT OPERATING RULE 4.25 SEALED RECORDS
1) Confidential paper records and confidential electronic records stored on portable media (e.g., DVD, CD, or flashdrive) shall be maintained in a sealed envelope within the case file or in a sealed envelope or other container apart from the case file. Confidential paper and electronic records maintained within the case file shall be removed prior to inspection of the case file by non-court personnel.
The case number, case description and date the confidential record was sealed shall be noted on the envelope or container.
2) Confidential electronic records shall be maintained at the appropriate security level to limit access as in the case of confidential paper records.
3) A court order shall be required to open or allow access to confidential records.
COURT OPERATING RULE 4.26 EXPUNGED RECORDS
Access to records ordered expunged shall be granted in the manner and to the person(s) as provided by law.
1) Paper records and electronic records stored on portable media (e.g., DVD, CD, or flashdrive) ordered expunged shall be maintained as provided in COR 4.22 in order to restrict access to only person(s) authorized by law. Such records shall not be destroyed or obliterated unless the expungement statute under which relief is granted so provides.
2) Electronic court records ordered expunged shall be maintained at the appropriate security level in order to restrict access to only person(s) authorized by law. Electronic court records shall not be destroyed, deleted, or purged unless the expungement statute under which relief is granted so provides.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
4. The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.
Day - to - Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice