Missouri Court Records

The Missouri court system has three levels: the trial courts, the intermediate appellate court, and the supreme court of Missouri. The circuit courts are known as Missouri's local county courts and are where most cases begin. These courts have various divisions, including associate circuit, civil and criminal, family, juvenile, municipal, and probate. Juvenile and family courts handle matters specific to families, such as juvenile delinquency, child abuse and neglect, termination of parental rights, dissolutions, child custody, visitation, child support, and adoptions.

Municipal courts are divisions of circuit courts with limited jurisdiction to hear cases involving violations of municipal ordinances. The Missouri Court of Appeals is the intermediate appellate court and is divided into three regional districts: Eastern, Western, and Southern. It handles the vast majority of appeals from the circuit courts, ensuring the correct application of law. At the apex of the court system in the state is the supreme court. The Supreme Court of Missouri serves as the final arbiter of disputes involving the state's constitution and laws. Including cases relating to traffic violations handled in the municipal courts in the circuit courts, more than 1.2 million cases are processed annually in Missouri courts.

What Are the Types of Court Records In Missouri?

Each court in the Missouri court system has a clerk who serves as the official custodian of the records filed and generated by that court. The Missouri judiciary designates court clerks as the custodians of court records in the state.

The following are the types of records maintained by each court in the Missouri court system:

• Supreme Court of Missouri
• Opinions and Rulings: Final decisions on cases reviewed by the Supreme Court.
• Case Dockets: Comprehensive lists of filings, motions, and actions in cases before the Supreme Court.
• Disciplinary Records: Proceedings related to attorney and judicial misconduct.
• Administrative Orders: Policy decisions and rule changes affecting state courts.
• Petitions for Review: Requests for the Supreme Court to hear cases from lower courts.
• Missouri Court of Appeals
• Appellate Case Dockets: Details of cases filed for appeal, including motions and decisions.
• Court Opinions: Written legal decisions that interpret state laws.
• Motions and Briefs: Legal arguments presented by parties in appellate cases.
• Oral Argument Transcripts: Verbatim records of spoken arguments presented before appellate judges.
• Missouri Circuit Courts
• Criminal Case Records: Felony and misdemeanor case files, including indictments, plea agreements, sentencing, and court orders.
• Civil Case Records: Lawsuits, contract disputes, and judgments in civil litigation.
• Family Law Records: Divorce decrees, child custody orders, and child support rulings.
• Personal Injury and Property Dispute Records: Cases involving negligence claims and real estate conflicts.
• Probate and Estate Records: Wills, estate administration, and guardianship cases.
• Protective Orders: Restraining orders for domestic violence or harassment cases.
• Missouri Municipal Courts
• Misdemeanor and Infraction Records: Minor criminal offenses, local ordinance violations, and traffic infractions within municipal boundaries.
• Traffic Violation Records: Speeding tickets, reckless driving, seatbelt violations, and other motor vehicle infractions.
• City/Town Ordinance Violation Records: Code enforcement cases such as curfew violations, noise complaints, and zoning issues.
• Small Claims Records: Some municipal courts may handle small claims cases within statutory limits.
• Initial Hearings and Bail Records: These may include initial appearance records for offenses that are later transferred to higher courts.

Are Missouri Court Records Public?

Court records in Missouri are generally considered public records following the provisions of the Missouri Sunshine Law and the Court Operating Rule 2 (COR 2). The Sunshine Law applies to Missouri court records when the state courts are acting in an administrative capacity, while COR 2 governs public access to the records of the state judicial department. Both laws ensure transparency by granting public access to records of public governmental bodies, including court documents.

However, certain records are exempt from public disclosure to protect privacy and sensitive information. According to Missouri Court Operating Rule 4.24, confidential records that are inaccessible to the general public include:

• Mental health records
• Records relating to sexually violent predators
• Criminal psychiatric evaluations
• Pre-sentence investigations and probation and parole reports
• Drug court records

Missouri courts may decide to seal a case to protect sensitive information, such as in cases involving juveniles, victims of certain crimes, or proprietary business information. Once sealed, records are inaccessible to the public and may only be accessed through a court order.

How Do I Search Missouri Court Records?

You may access Missouri court records online via the Missouri Case.net system. The Case.net is a statewide repository for the public to access case information from the courts in the state. This system provides access to civil, criminal, probate, traffic, and other types of court records from participating courts. You may perform a search on the site by litigant name, case number, filing date range, court location, and type of case. Note that confidential court records are not available to the public on the Case.net system.

How To Retrieve Court Records Offline

To retrieve court records offline or a certified copy of a court record in Missouri, individuals must visit the clerk of the court in the courthouse where the case was originally filed or heard. The individual making the request will need to provide:

• Full name of a party involved in the case
• Case number
• Type of case
• Approximate filing or hearing date
• Any other information that may help the office of the clerk locate the record needed

Simple record lookups and copies of records may be processed the same day, while certified copies may take up to five business days or more to process, depending on the volume of requests before the processing court. Also, while inspecting or viewing court records are free, copies are typically charged between $0.25 and $0.5 per page, while certification costs between $2 and $5 per document.

You may also use the public access terminals available in some Missouri courthouses to view court records. Note that only record inspection is available via the terminals; if you need actual copies, you must submit a request to the office of the clerk of the court.

Can I Seal or Expunge a Missouri Court Record?

Typically, expungement refers to a process of legally destroying or removing a criminal record from public access, while sealing means hiding a record from public view but not destroying it. However, Missouri law does not officially use the term "sealing" in the same legal sense as some other states. Instead, the state uses "expungement" to describe what other states may call sealing - meaning the record is removed from public access but still exists for certain government purposes. Hence, since Missouri primarily uses the term "expungement," there is no separate legal process called "sealing" as is recognized in some other states. The state's expungement law is codified under Section 610.140 of the Missouri Revised Statutes.

Not all crimes are allowed to be expunged in Missouri. However, many records may be expunged after a specific waiting period. In 2021, Missouri reduced the waiting period for expungements via some Senate Bills. Now, records of felony offenses may be expunged after three years, while records of misdemeanor offenses only require a one-year waiting period. Typically, the following offenses are eligible for expungement in Missouri:

• Arrests that did not lead to a conviction
• Non-violent misdemeanor and some felony offenses
• First-time DUI or DWI convictions
• Certain drug-related offenses, such as possession
• Some offenses committed as a juvenile

The records of the following offenses are ineligible for expungement in the state:

• Kidnapping
• A felony offense where death is an element of the crime
• Crimes where a commercial driver's license is involved
• An offense requiring the petitioner to register as a sex offender
• DWI offense related to intoxicated driving
• Any class A felony offense
• Any dangerous felony defined under Section 556.061 of the Missouri Revised Statute
• Any crime outlined in §610.140.2 RSMo

Before you may apply for an expungement, you must not have any pending criminal charges or subsequent convictions. Also, all fines, restitutions, or court costs related to the conviction must have been paid in full. Upon meeting these conditions and verifying your eligibility, you may apply for expungement in Missouri by following these steps:

• Gather Required Documents: Prepare all necessary paperwork, such as a certified copy of the conviction or arrest record, court documents showing that you have completed probation or any sentence requirements, and proof of payment for all fines and restitution. Additionally, you may need character references or proof of rehabilitation, employment records or proof of efforts to secure steady work, and certificates from rehabilitation programs, community service, or educational courses.
• File a Petition for Expungement: The formal process begins by filing a petition in the court where the original case was handled. The court requires a filing fee (typically $250), though fee waivers may be available for those who qualify.
• Notify Interested Parties: After filing the petition, you must serve copies to all relevant parties. This may include the prosecuting attorney's office, law enforcement agencies involved in the original case, the Missouri State Highway Patrol, which maintains criminal records, and any victims involved in the case, if applicable. Once a petition for expungement is served, the respondent has 30 days to file any objections. If an objection is submitted, the court must schedule a hearing within 60 days. If no objection is filed, the court is required to hold a hearing within 30 days of service.
• Attend the Court Hearing: In some cases, the court may require a hearing before approving an expungement request. It is recommended that you have an experienced attorney represent you in court as they may be able to handle the complex court process and proceedings better.
• Receive the Judge's Decision: After reviewing the petition and hearing any arguments, the judge will issue a ruling. If the expungement is granted, the Missouri State Highway Patrol will remove the record from public databases, and you may legally state that the conviction never occurred in most situations. Background checks conducted by most employers and landlords will no longer show the expunged record, and certain rights, such as firearm ownership and eligibility for professional licensing, may be restored. If the petition is denied, the court may provide reasons for the decision and indicate whether you can reapply at a later date (typically 12 months later). In some cases, appealing the decision or refining the petition may be possible.

How To Search Federal Court Records in Missouri

You may obtain records of the two federal courts in Missouri. The Eastern District of Missouri and the Western District of Missouri handle a wide range of cases, such as matters related to federal laws or treaties, federal criminal cases, admiralty law, and bankruptcy.

To access the records of these courts online, visit the PACER website. The Public Access to Court Electronic Records (PACER) provides access to federal court records in all jurisdictions in the United States. To use PACER, you need to create an account and pay a small fee for accessing documents. It costs $0.10 per page to access court records on the PACER system, while the fees are capped at $3 per document.

Alternatively, you may access federal court records offline in Missouri by visiting the clerk's office of the courthouse where the case was filed. The office of the court clerk provides access to physical copies of court records.

How To Get Missouri Court Records Online for Free?

To get Missouri court records online for free, interested individuals may access records through the Missouri Case.net system, which provides public access to case information from many courts across the state. In addition, court records are also available through reliable third-party databases that compile public records. One such reputable online repository is peoplerecords.us, which allows users to search for Missouri court records for free.