610.105. Effect of nolle pros — dismissal — sentence suspended on record — not guilty due to mental disease or defect, effect — official records available to victim in certain cases. — 1. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except as provided in subsection 2 of this section and section 610.120 and except that the court's judgment or order or the final action taken by the prosecutor in such matters may be accessed. If the accused is found not guilty due to mental disease or defect pursuant to section 552.030, official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child-care agencies, facilities as defined in section 198.006, and in-home services provider agencies as defined in section 192.2400, in the manner established by section 610.120.
2. If the person arrested is charged with an offense found in chapter 566, section 568.045, 568.050, 568.060, 568.065, 573.200*, 573.205*, or 568.175, and an imposition of sentence is suspended in the court in which the action is prosecuted, the official records pertaining to the case shall be made available to the victim for the purpose of using the records in his or her own judicial proceeding, or if the victim is a minor to the victim's parents or guardian, upon request.
Notes of Decisions
Cited in
33
cases (
7 in the last 5 years), 1977–2024 · leading case:
R.W. v. Sanders, 168 S.W.3d 65 (Mo. 2005).
R.W. v. Sanders, 168 S.W.3d 65 (Mo. 2005).
· cites it 10× “argues that the registration statute does not apply to offenders who receive a suspended imposition of sentence, conflicts with the section 610.105 requirement that records pertaining to a suspended imposition of sentence case shall be closed, and constitutes an invalid ex post…”
Martinez v. State, 24 S.W.3d 10 (Mo. Ct. App. 2000).
· cites it 9× “126 RSMo, together with a revised version of Section 610.105 RSMo, were all passed in 1993.”
Collins v. Dir. of Revenue, 691 S.W.2d 246 (Mo. 1985).
· cites it 6× “Section 610.105, RSMo Cum.Supp.1984. These records were admissible, however, by virtue of § 610.”
State Ex Rel. DeGraffenreid v. Keet, 619 S.W.2d 873 (Mo. Ct. App. 1981).
· cites it 10× “In an affidavit to that effect made by the city attorney of Springfield, he concluded “that all the official records pertaining to the case have now been closed pursuant to Section 610.105, RSMo.’ After the policeman delivered the “summons,” he offered to and did drive…”
State v. Anding, 689 S.W.2d 745 (Mo. Ct. App. 1985).
· cites it 10× “The defendant Anding contended at the trial, and now on appeal, that § 610.105, closes the official record in a prosecution terminated by a nolle prosequi to everyone except the person charged — and that since Watters, the person charged in that proceeding — made formal…”
State v. Young, 636 S.W.2d 684 (Mo. Ct. App. 1982).
· cites it 14× “Defendant argues that Section 610.105, RSMo 1978 1 is dispositive of this point.”
State Ex Rel. Peach v. Tillman, 615 S.W.2d 514 (Mo. Ct. App. 1981).
· cites it 6× “The remedy available under § 610.105 RSMo 1978 is closure of “official records.”
State v. Burkhart, 615 S.W.2d 565 (Mo. Ct. App. 1981).
· cites it 10× “Burkhart complains of the admission of the check, deposit slip, and a blowup photograph of the palm print found on the check because he contends these matters were part of the closed records within the meaning of § 610.105, RSMo 1978. It should first be noted that when the check…”
State Ex Rel. Pulitzer Missouri Newspapers, Inc. v. Seay, 330 S.W.3d 823 (Mo. Ct. App. 2011).
· cites it 15× “” In Respondent’s response to the show cause order, he indicated the case was a closed record under the provision of “Section 610.105, RSMo.2000” in that: “ ‘If the person arrested is charged but .”
Keenoy v. Sears, 642 S.W.2d 665 (Mo. Ct. App. 1982).
· cites it 8× “Section 610.105 RSMo 1978, reads as follows: If the person arrested is charged but the case is subsequently nolle prossed, dismissed or the accused is found not guilty in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be…”
State v. Lynch, 679 S.W.2d 858 (Mo. 1984).
· cites it 2× “Although the state is correct in asserting that §§ 610.105 and 610.106, RSMo Cum.Supp.1983, provide a procedure for closing a defendant's record and making such records inaccessible to the general public, the beneficial impact of the closed records statutes is greatly reduced by…”
— Mo. Rev. Stat. § 610.105(1) — 1 case
State Ex Rel. Pulitzer Missouri Newspapers, Inc. v. Seay, 330 S.W.3d 823 (Mo. Ct. App. 2011).
“” In Respondent’s response to the show cause order, he indicated the case was a closed record under the provision of “Section 610.105, RSMo.2000” in that: “ ‘If the person arrested is charged but .”
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