Mo. Rev. Stat. » Chapter 610
Missouri Revised Statutes

Mo. Rev. Stat. § 610.110 (2026)

Failure to recite closed record excused

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  610.110.  Failure to recite closed record excused — exceptions. — No person as to whom such records have become closed records shall thereafter, under any provision of law, be held to be guilty of perjury or otherwise of giving a false statement by reason of his failure to recite or acknowledge such arrest or trial in response to any inquiry made of him for any purpose, except as provided in section 491.050 and section 610.120.

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(L. 1973 S.B. 1 § 8, A.L. 1981 H.B. 554)

Notes of Decisions
Cited in 9 cases, 1974–2008 · leading case: State v. Whitfield, 837 S.W.2d 503 (Mo. 1992).
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State v. Whitfield, 837 S.W.2d 503 (Mo. 1992). · cites it 2× “Section 610.110 provides that no person can be found guilty of perjury or otherwise giving a false statement for failure to acknowledge or recite an arrest which is a closed record.”
State ex rel. Thurman v. Franklin, 810 S.W.2d 694 (Mo. Ct. App. 1991). · cites it 7× “290 emphasized by the court in Curtis is found in § 610.110: No person as to whom such records have become closed records shall thereafter, under any provision of law, be held to be guilty of perjury or otherwise of giving a false statement by reason of his failure to recite or…”
Spradling v. Supervisor of Liquor Control, 824 S.W.2d 906 (Mo. 1992). · cites it 5× “He relies on § 610.110, RSMo 1986, which provides: No person as to whom such records [of a suspended imposition of sentence] have become closed records shall thereafter, under any provision of law, be held to be guilty of perjury or otherwise of giving a false statement by…”
Herald Co. v. McNeal, 511 F. Supp. 269 (E.D. Mo. 1981). · cites it 2× “Section 610.110 states that once the arrest records are closed or expunged no person shall be held guilty of perjury for false statement concerning their existence.”
Gamble v. Browning, 277 S.W.3d 723 (Mo. Ct. App. 2008). “” § 610.110. The Crow court further noted that allowing the discovery of the material sought in that case could allow the defendant to: accomplish by indirection that which the order to expunge clearly would prevent it from doing by means of the records of the court itself.”
Linkogel v. Baker Prot. Servs., Inc., 626 S.W.2d 380 (Mo. Ct. App. 1981). “Plaintiff’s final argument for the existence of a civil remedy for violation of § 610.110 is § 537.050 which provides as follows: “In no case shall the right of action of any party injured by the commission of any felony or misdemeanor be deemed or adjudged to be merged in such…”
State v. Ruff, 729 S.W.2d 556 (Mo. Ct. App. 1987). “§ 610.110. Such closed records are to be inaccessible to the general public and to any one other than the person involved.”
State v. Massa, 512 S.W.2d 912 (Mo. Ct. App. 1974). “§ 610.110 provides: “No person as to whom such records have become closed records or as to whom such records have been expunged shall thereafter under any provision of law be held to be guilty of perjury or otherwise of giving a false statement by reason of his failure to recite…”
State v. Higginbotham, 765 S.W.2d 352 (Mo. Ct. App. 1989). “” RSMo § 610.110. Defendant does not maintain RSMo § 610.”
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