04. Documents Q&A
1. If a document is at a level 3 that means you should not send that out? Is that correct?
Updated 08-28-231
There will be documents that have a security level 3, that otherwise would be public. The security level is raised due to the sensitivity of the information on the document. The Confidential Redacted Information Filing Sheet (CRIFS) form and unredacted documents will be at security level 3. Non-parties to a case requesting the information must complete the GN318 – Application to Inspect Closed Confidential Records for the judge’s review.
2. We get flooded with background companies wanting to verify a DOB and SSN with a case number. With these identifiers becoming redacted and not public. Is this what we can tell the requestor?
The person requesting the information should complete the GN318 – Application to Inspect Closed Confidential Records for the judge’s review. In addition, COR 2.05 limits what information can be released in a public inquiry.
2. We get flooded with background companies wanting to verify a DOB and SSN with a case number. With these identifiers becoming redacted and not public. Is this what we can tell the requestor?
The person requesting the information should complete the GN318 – Application to Inspect Closed Confidential Records for the judge’s review. In addition, COR 2.05 limits what information can be released in a public inquiry.
COR 2.05 | Access to Personal Information
* * *
(c) Public inquiries. Any public inquiries specifically requesting personal information shall be answered only by providing access to the case files. The clerks shall not provide such information verbally or by facsimile, or e-mail. Personal information includes, but is not limited to:
• (1) Social security numbers;
• (2) Motor vehicle operator license numbers;
• (3) Victim information including name, address, and other contact information;
• (4) Informant information including name, address, and other contact information;
• (5) Witness information including name, address, and other contact information;
• (6) State identification numbers; and
• (7) Financial institution account numbers, credit card numbers, personal identification numbers, or passwords used to secure accounts.
3. Will certain docket codes automatically raise the security on certain documents that are filed by the court?
The State Judicial Records Committee (SJRC) has done a comprehensive review of docket codes for documents and has changed the security levels of some codes. A complete list is located here.
4. How do I handle payment agreements that contain confidential info. bond paperwork that is filed by our Sheriff's Department is FULL of confidential info, PC Statements, Orders for Fingerprints and Returns. Letters from Preferred Family Health and equivalent. Are these considered confidential because they contain healthcare information, SATOP completion certificates and filings from our private probation service. Are those confidential?
Most documents in the list have a higher security level. A complete list is located here.
5. If a party files a motion to raise the document security on a case because the document contains confidential information, the court is raising the document security and scheduling a hearing for the judge to determine the correct document security. How is the court supposed to keep track of this case?
* * *
(c) Public inquiries. Any public inquiries specifically requesting personal information shall be answered only by providing access to the case files. The clerks shall not provide such information verbally or by facsimile, or e-mail. Personal information includes, but is not limited to:
• (1) Social security numbers;
• (2) Motor vehicle operator license numbers;
• (3) Victim information including name, address, and other contact information;
• (4) Informant information including name, address, and other contact information;
• (5) Witness information including name, address, and other contact information;
• (6) State identification numbers; and
• (7) Financial institution account numbers, credit card numbers, personal identification numbers, or passwords used to secure accounts.
3. Will certain docket codes automatically raise the security on certain documents that are filed by the court?
The State Judicial Records Committee (SJRC) has done a comprehensive review of docket codes for documents and has changed the security levels of some codes. A complete list is located here.
4. How do I handle payment agreements that contain confidential info. bond paperwork that is filed by our Sheriff's Department is FULL of confidential info, PC Statements, Orders for Fingerprints and Returns. Letters from Preferred Family Health and equivalent. Are these considered confidential because they contain healthcare information, SATOP completion certificates and filings from our private probation service. Are those confidential?
Most documents in the list have a higher security level. A complete list is located here.
5. If a party files a motion to raise the document security on a case because the document contains confidential information, the court is raising the document security and scheduling a hearing for the judge to determine the correct document security. How is the court supposed to keep track of this case?
There is a Cognos Report available that will keep track of the motions filed with no order code. The report is: Cases with Motion or Order to Correct Redaction.
6. A lot of my documents contain VIN #s and insurance policy #s. Are these considered confidential that should be redacted?
The Rule does not specifically identify VIN or insurance policy numbers are confidential and should not be redacted. Senate Bill 103 may change this.
7. Do the last 4 digits of SSN need to be redacted if that is all that is put on the forms?
That statue says that the last 4 digits of the Social Security Number are to be placed on the document in lieu of the full number. The full number is placed on a filing information sheet. There is nothing in the Rule that has changed that requirement. For court generated documents the entire SSN is going to be redacted. Currently, the statues that are in place is referring to financial account number and SSN specifically allow the last 4 digits of those account numbers and SSN to be on the public document.
8. Are OSCA Reports staying? Does the Sentence and Judgment form change?
6. A lot of my documents contain VIN #s and insurance policy #s. Are these considered confidential that should be redacted?
The Rule does not specifically identify VIN or insurance policy numbers are confidential and should not be redacted. Senate Bill 103 may change this.
7. Do the last 4 digits of SSN need to be redacted if that is all that is put on the forms?
That statue says that the last 4 digits of the Social Security Number are to be placed on the document in lieu of the full number. The full number is placed on a filing information sheet. There is nothing in the Rule that has changed that requirement. For court generated documents the entire SSN is going to be redacted. Currently, the statues that are in place is referring to financial account number and SSN specifically allow the last 4 digits of those account numbers and SSN to be on the public document.
8. Are OSCA Reports staying? Does the Sentence and Judgment form change?
OSCA reports are staying. The OSCA reports version of the Sentence and Judgment has been modified to allow courts to print a version without the Date of Birth and Social Security Number. Courts will print two copies. One copy excludes the Date of Birth and Social Security Number and the second version will contain those items. Courts will manually update the security level for both documents.
9. Does my judge sign the redacted and unredacted copies of document? Do we need to generate two forms for the Judge to sign? One with the Personal Identifying Information (PII) for DOC and one without? Courts who have the Judge sign warrants manually, will the Judge have to sign the redacted and the unredacted copies?
Yes two versions of the forms should be generated. Best practice would be to have the judge sign both copies however check with your judge for guidance.
10. Document Generation is that a manual pleading that is mail out to the parties?
9. Does my judge sign the redacted and unredacted copies of document? Do we need to generate two forms for the Judge to sign? One with the Personal Identifying Information (PII) for DOC and one without? Courts who have the Judge sign warrants manually, will the Judge have to sign the redacted and the unredacted copies?
Yes two versions of the forms should be generated. Best practice would be to have the judge sign both copies however check with your judge for guidance.
10. Document Generation is that a manual pleading that is mail out to the parties?
Document Generation is a process contained within the Show-Me Courts case management system.
11. As a judge do I need to limit discovery to attorneys only and no pro se defendants as they are now level 3?
Parties would be required to provide the unredacted information to other parties unless there is some sort of protective order in place.
12. So you can get unredacted reports by a sunshine request getting around the rule.
The sunshine law only applies to the courts in their administrative capacity. Courts records are maintained in the courts judicial capacity and governed by Court Operating Rule 2.
13. So I have been given a divorce judgment from the judge. They do contain addresses and DOBs. Do I need to scan in one at a confidential level and then go back and redact that information and scan the redacted version in at a public level?
Yes, for the judgments there will be a redacted and unredacted version if they have confidential information.
14. Docket codes already at a higher security like parenting plans, settlement agreements and confidential case filing information sheets do they also need a redacted one?
No, if a document already has a security code of 3 and higher, the filing party does not need to file a redacted and unredacted document. The case security level is high enough that the documents will be confidential and not available to the public remotely.
15. Payment Agreements (FPAAG) are NOT confidential documents right now. Will they be?
Currently the code is public. If this code should be raised, submit a request to the State Judicial Records Committee (SJRC) for review and consideration to change the security level.
11. As a judge do I need to limit discovery to attorneys only and no pro se defendants as they are now level 3?
Parties would be required to provide the unredacted information to other parties unless there is some sort of protective order in place.
12. So you can get unredacted reports by a sunshine request getting around the rule.
The sunshine law only applies to the courts in their administrative capacity. Courts records are maintained in the courts judicial capacity and governed by Court Operating Rule 2.
13. So I have been given a divorce judgment from the judge. They do contain addresses and DOBs. Do I need to scan in one at a confidential level and then go back and redact that information and scan the redacted version in at a public level?
Yes, for the judgments there will be a redacted and unredacted version if they have confidential information.
14. Docket codes already at a higher security like parenting plans, settlement agreements and confidential case filing information sheets do they also need a redacted one?
No, if a document already has a security code of 3 and higher, the filing party does not need to file a redacted and unredacted document. The case security level is high enough that the documents will be confidential and not available to the public remotely.
15. Payment Agreements (FPAAG) are NOT confidential documents right now. Will they be?
Currently the code is public. If this code should be raised, submit a request to the State Judicial Records Committee (SJRC) for review and consideration to change the security level.
16. Is the OCN number considered sensitive information and does it have to be redacted?
The OCN is not considered personally identifiable information.
The OCN is not considered personally identifiable information.
17. What about with Orders for Fingerprinting? Will we have to file and give the Defendant both copies?
The defendant would only need the unredacted copy to take with them to be fingerprinted. If generated in Show-Me-Courts, the order for fingerprinting will create two documents, the public redacted document and the unredacted document.
The defendant would only need the unredacted copy to take with them to be fingerprinted. If generated in Show-Me-Courts, the order for fingerprinting will create two documents, the public redacted document and the unredacted document.
18. On fingerprint cards: it is automatically giving us the option for secure OR secure and private. If we just do the secure document, it that okay?
If the fingerprint order is generated using Show-Me Courts a redacted and unredacted version is generated. The redacted order should be attached to the case file and the unredacted copy will be provided to the defendant. When the OCN card and return are received, they will need to be scanned in under FOCN, which is set as security level 3. Fingerprint cards are at a level 3.
If the fingerprint order is generated using Show-Me Courts a redacted and unredacted version is generated. The redacted order should be attached to the case file and the unredacted copy will be provided to the defendant. When the OCN card and return are received, they will need to be scanned in under FOCN, which is set as security level 3. Fingerprint cards are at a level 3.
19. Is the Redaction Certification Form (GN320) needed on filings's that contain no PII in the document being filed with the court??
Per Supreme Court Rule 19.10(e), all filers shall affirmatively certify compliance with the redaction requirements in this rule when a document is filed. This certification shall be accomplished through an automated process implemented in the electronic filing system for its authorized users or, for filers who are not authorized users of the electronic filing system, by a paper form attached to the document or on the document itself.
Certification is required for all filings even though there is no information contained that should be redacted.
Per Supreme Court Rule 19.10(e), all filers shall affirmatively certify compliance with the redaction requirements in this rule when a document is filed. This certification shall be accomplished through an automated process implemented in the electronic filing system for its authorized users or, for filers who are not authorized users of the electronic filing system, by a paper form attached to the document or on the document itself.
Certification is required for all filings even though there is no information contained that should be redacted.
November 16, 2023
1Previous answer: There will be documents that have a security level 3, that otherwise would be public, but the security level is raised to due to the sensitivity of the information on the document. The Confidential Redacted Information Filing Sheet (CRIFS) form and unredacted documents will be at security level 3. The person requesting the information must complete the GN318 – Application to Inspect Closed Confidential Records for the judge’s review.