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Effective Record Retention Practices for Closed Legal Cases

Learn the guidelines for retaining and destroying closed records, procedures for inspecting closed records, and access regulations applicable to public records within the legal system. Explore retention schedules and proper destruction methods.

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Effective Record Retention Practices for Closed Legal Cases

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  1. RECORD RETENTIONChapter 610, COR 8 Shara Meyer, Columbia Municipal Court

  2. CLOSED RECORDS DEFINED • Records that are closed IMMEDIATELY: • NolleProsse • Not Guilty • Dismissed

  3. CLOSED RECORDS DEFINED • Suspended Imposition of Sentence (SIS) • If imposition of sentence is suspended, the records are closed when the case is finally terminated (probation successfully completed) RSMo. 610.105 and 610.120

  4. CLERK’S DUTIES/PROCEDURES • Identify confidential records (index cards, case records, docket sheets) • Confidential records should be stored in a way that is inaccessible to the public • If the record contains both open & closed, make the entire record inaccessible • If trial de novos are closed at disposition, treat your copy the same

  5. INSPECTING CLOSED RECORDS • Have a policy in place to deal with these requests • Refer these requests to the judge • Have individuals submit a request in writing using the Application to Inspect Closed Criminal Records Form • Make a docket entry of the request and the judge’s decision

  6. Public records • Each public governmental body must appoint a custodian of record • Each request must be acted upon no later than the third business day following the date of request • If access is denied, the custodian must explain in writing why access was denied as well as provide the statute that authorizes the denial • If part of the record is closed under this statute, the open portion must be made available • The law requires that if the request is made in a particular format, the custodian shall provide the record in that format if possible

  7. CLOSED RECORDS AVAILABLE TO: • Criminal Justice Agencies – for purposes of prosecution and employment • Law Enforcement Agencies – for purposes of issuing or renewal of a license/permits (watchmen, security personnel, private investigators, and persons seeking permits to purchase or possess firearms) • DOR – for driver license administration • Health & Human Services – licensing of individuals working with the elderly, children or disabled • Presidential Executive Order

  8. RECORD RETENTION & DESTRUCTION – COR 8

  9. Purging at Disposition • The following documents can be removed after disposition prior to microfilming or storing: • Briefs • Photo copies of case law • Copies of items received in evidence • Discovery documents • Duplicates • Requests for continuance • Memoranda of law • Miscellaneous correspondence

  10. Purging at Disposition (Continued) • Notice of hearings • Notices of filing of depositions • Payout orders • Subpoenas • Witness & exhibit lists • Pre-sentence investigation reports • Probation progress reports • Probation violation reports

  11. RETENTION OF RECORDS • For records retained for more than 20 years, it is recommended to microfilm in accordance with microfilm guidelines • Records retained in paper format only need to be retained until the retention period is met • Any record not listed in the records retention schedule must be maintained permanently or unless provided for otherwise by the State Judicial Records Committee • Previous provision requiring notice to the Missouri State Archives offering municipal court records is no longer valid

  12. DESTRUCTION OF RECORDS-open • Identify records that are eligible to be destroyed • Separate open records from closed records • Complete GN 14- Order of Destruction of Confidential Records & GN15-Order of Destruction – noting the method of destruction (burning or shredding) • Make and keep copies of the completed form. Submit original to the presiding judge. • Once signed order is returned, destroy!! • Destruction orders are permanent records under the records retention schedule

  13. Retention schedule • Abbreviated version: • 12 Year retention – DUS/DUR, Leave Scene Accident, No Operators License, Proof of Insurance, Assault, Peace Disturbance by Fighting, Property Damage, Resisting Arrest, Tampering • 50 year retention – DWI/BAC & Stealing • 3 year retention – All others not listed above; search warrants

  14. THANK YOU FOR ATTENDING! • Please fill out the conference survey: • http://www.surveymonkey.com/s/BRD7BMG

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