Missouri Public Records

Missouri public records are documents or information in any format drafted, received, filed, and maintained by or on behalf of a government body in Missouri. All activities regarding the creation, storage, and availability of Missouri public records are codified in the Missouri Sunshine Law.

The law explicitly states that “all meetings, minutes, votes, actions, records and deliberations” of public governmental bodies be available for public scrutiny except subject to non-disclosure or confidentiality clauses or court orders (Mo. Code §610.011). Public governmental bodies in this context include any body, agency, board, commission, council, bureau, committee, and administrative bodies of higher institutions.

Public offices must appoint a member of staff or department as custodian of government records. This individual has the authority to file, maintain, and dispense records upon request in the manner stipulated in the Missouri Sunshine Law.

Are Missouri Records Public?

Yes. Sections 610.023 and 610.011 of the Missouri Sunshine Act affirm that Missouri records are open and accessible to the general public. The Missouri Sunshine Law helps ensure transparency and accountability and reinforces trust in the government. The law is extensive in its reach as it applies to all legislative, executive, and judicial branches of the government. It is also inclusive in that public access includes government documents and papers and materials created during meetings and deliberations on public policy.

However, the provisions of the Missouri Sunshine Act are not absolute. To balance the scale between the right to privacy, protection of personal information, and freedom of information, the law authorizes government agencies to exempt records from public disclosure concerning specific subject matters (Mo. Code §610.021). Usually, records exempted under this statute are classified as confidential or contain sensitive information. Examples include:

Adoption records
Juvenile records
Nonjudicial medical proceedings
Trade secrets
Financial records
Personally identifiable records
Security system information (pass keys, access codes)
Investigative information and surveillance techniques of public agencies
Security and emergency response plans of law enforcement agencies
Case information pertaining to an individual who is at risk or under the protection of the state, especially where their location, city, or district is disclosed
Any information, when disclosed, can endanger the health and safety of an individual or the public.

Missouri Public Records Act

The Missouri Sunshine Law, Chapter 610 of the Revised Statutes of Missouri, was enacted in 1973. The bill was introduced to the General Assembly seven years after the federal Freedom of Information Act was passed. The Missouri Sunshine Law stipulates that all government bodies must make their records available for inspection and copying. Under this law, requestors do not need to state their purpose for requesting public records. However, if an agency denies or delays access to a document, the record custodian must provide a written statement detailing the grounds for denial or delay.

Per the Missouri Sunshine Law, public records include any report, survey, memorandum, or other document created for or maintained by a public governmental body or a consultant or professional service paid for with public funds or private contractors under an agreement with a state agency or on behalf of a state agency. However, the term does not include an internal memorandum or a letter received or written by or on behalf of an employee of a government agency consisting of advice, opinions, and recommendations as regards the development of strategies and decision-making process of the agency in question.

Public records in Missouri may be in various forms, such as paper documents, electronic documents (online databases), audio and video recordings, transcripts, minutes of meetings, maps, mail, contracts, and others. Examples may include court records, arrest records, sex offender registries, tax liens, property records, and criminal records.

How Do I Find Public Records in Missouri?

State, county, and local government entities may have different protocols individuals must follow for requesting or looking up public records. Nevertheless, these procedures have similarities; a requestor may follow the steps below to obtain public records:

Determine the Record Needed and Identify Its Custodian: All public records in Missouri are created, filed, and maintained by a designated record custodian in the government agency. Thus, identifying what agency or agencies are in charge of the record of interest is the most important first step in finding it. Inmate records, for example, are maintained by the Missouri Department of Corrections, while the County Sheriff’s Office or the Police Department is the record custodian for arrest and criminal records.
Confirm the Status and Protocols Required: Government records may be open or confidential. Interested individuals can contact the records department of the respective government office to find out if the information they need is exempt from public disclosure by statute or court order or available for inspection and copying. Additionally, requestors should inquire into the protocols and rules for mail requests or in-person searches for that agency.
Submit The Request: Public record requests are made in person, by fax, or by mail in Missouri. Some agencies may have standardized forms on their website for users to print, fill out, and mail. Verify the acceptable mode of making requests from the office. For mail requests, ensure all applicable fees are attached to the mail before sending.
Fees and Payment: The fee for copying public records in any government office in Missouri is $0.10 per page for a paper copy not larger than 9 x 14 inches. The recording office can also charge for research time needed to fulfill the records request (Mo. Code §610.026).
Regulation and Compliance: It is necessary to familiarize oneself with the Missouri Sunshine Law. Find out what documents are confidential and exempt from public disclosure, follow all instructions for submitting a request, and ensure there are sufficient details to identify the record. If the information in the request cannot be linked to any record, it may be denied.
**Follow-Up: **The processing times for public records requests depend on the agency and the volume of the documents requested. Inquirers are advised to follow up on delayed responses, especially if the record custodian requires additional information to find the record or process the request.

Find Missouri Public Records Free

Individuals can access Missouri records for free in person or at online databases or search platforms. Public governmental bodies have a statutory responsibility to make public records available for viewing and inspecting, especially when the records are maintained in electronic/online databases (Mo. Code §610.029).

Furthermore, government agencies in Missouri may allow requestors to access public records at public terminals located on-site at their offices at no cost. However, persons who wish to obtain physical copies of records will be required to pay for the service. Here are some record custodians in Missouri who offer free access to their resources:

The Missouri Secretary of State provides online access to business entity records and information on registered agents.
The Missouri Department Of Corrections Offender Web Search application helps individuals find information on active offenders, probationers, and parolees.
The St Charles County Assessor has a free property database search site to help residents and potential homeowners find property information.

What Happens if I Am Refused a Public Records Request?

Refusal to produce public records or acknowledge a request for public records may occur if there is:

Delay in response
Refusal to release the entire document or a section of it
Claim that the record does not exist or cannot be found
Rejection on the basis that the request does not particularly describe or identify a record
Refusal of fee waiver requests (in public interest cases).

If a public records request is delayed for any of the above reasons, the responding agency must explain the delay and the earliest time, date, and place where the record will be available for inspection. This timeline may only exceed 3 days if there is a reasonable cause (Section 610.023(2) MSL).

Where the request is outrightly rejected or refused, the aggrieved party may submit an appeal to the Attorney General by filing the Sunshine Law Complaint Form. The Attorney General’s office reviews cases on Sunshine Law Violations. Furthermore, upon request, the agency must provide a written statement backed by the provisions of law explaining the grounds for the rejection. The statement must be sent to the requester within three business days from the agency receiving the statement request (Section 610.023 (3) MSL). If the Attorney General finds the custodian guilty of violating the law, the office may either issue a warning or take legal action against the agency.

How Long Does It Take to Obtain a Missouri Public Record?

According to Section 610.230 (3) of the Sunshine Law, government entities must acknowledge and respond to requests within three business days. Where there is reasonable cause, an agency may take longer than three days to produce a document. However, due to the volume of requests these public agencies receive, processing and response times are usually within 7 to 20 days. If there is a delay due to a backlog, the law requires the custodian to explain the cause of the delay and state the earliest expected response date, time, and location. Public government entities now upload information about their response and processing times on their official websites.