610.106. Suspended sentence prior to September 28, 1981, procedure to close records. — Any person as to whom imposition of sentence was suspended prior to September 28, 1981, may make a motion to the court in which the action was prosecuted after his discharge from the court's jurisdiction for closure of official records pertaining to the case. If the prosecuting authority opposes the motion, an informal hearing shall be held in which technical rules of evidence shall not apply. Having regard to the nature and circumstances of the offense and the history and character of the defendant and upon a finding that the ends of justice are so served, the court may order official records pertaining to the case to be closed, except as provided in section 610.120.
Notes of Decisions
Cited in
4
cases, 1984–1992 · leading case:
State v. Bachman, 675 S.W.2d 41 (Mo. Ct. App. 1984).
State v. Bachman, 675 S.W.2d 41 (Mo. Ct. App. 1984).
· cites it 26× “It is also obvious, although the particular statute is not recited or directly referenced in the proceedings, that the parties and the circuit court considered this to be a proceeding within the intent and purview of § 610.106, RSMo Supp.1981. Section 610.-106 reads: “610.”
State v. Pullen, 843 S.W.2d 360 (Mo. 1992).
· cites it 2× “Wafer received a suspended imposition of sentence in 1979 for a misdemeanor. For any suspended imposition of sentence imposed before 1981, the party must make a motion before the sentencing court to close the records.”
Lindsay v. Hopkins, 788 S.W.2d 776 (Mo. Ct. App. 1990).
· cites it 5× “§ 610.106, RSMo 1986. Section 610.120, RSMo 1986 (repealed effective August 28, 1989) provided: Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant except as provided in this section.”
In Re Mossie, 589 F. Supp. 1397 (W.D. Mo. 1984).
· cites it 2× “Counsel’s advice was apparently based on Mo. Rev.Stat. §§ 610.106, 610.110, and 610.”
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