5. Arrest records.

The Arrest Record Law, Mo.Rev.Stat. §  610.100 et seq., was amended in 1995 to distinguish between arrest, incident and investigation reports of law enforcement agencies.

Definitions. "Arrest reports" are records of an arrest and of any detention or confinement incident to an arrest. Mo.Rev.Stat. §  610.100.1(2). An "arrest" is defined as the actual restraint of the person of the defendant, or by his or her submission to custody, under authority of a warrant or otherwise for a criminal violation which results in the issuance of the summons or the person being booked. Mo.Rev.Stat. §  610.160.1(1). "Incident reports" consist of immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by the law enforcement agency. Mo.Rev.Stat. §  610.100.1(4). "Investigative reports" are reports other than arrest reports or incident reports that are prepared by a law enforcement agency inquiring into a crime or suspected crime, either in response to an incident report or to evidence developed by law enforcement officers in the course of their duties. Mo.Rev.Stat. §  610.100.1(5)

Access. All arrest reports and incident reports are public records. Mo.Rev.Stat. §  610.100.2. However, if a person who is arrested is not charged with an offense within thirty days, official records of the arrest and of any confinement incidental to that arrest become closed records. Id. If a person who is arrested and charged, but the charge is later nolle prossed or dismissed, or the person is either found not guilty or received a suspended imposition of his sentence ("SIS"), records of the arrest and the criminal proceedings become closed records pursuant to Mo.Rev.Stat. §  610.105, "when such case is finally terminated." See State ex rel. Pulitzer Missouri Newspapers, Inc. v. Seay, 330 S.W.3d 823, 827 (Mo.Ct.App. 2011) (if imposition of sentence is suspended and probation is ordered, the case is not terminated until successful completion of probation).

Law enforcement agencies are afforded discretion to withhold arrest, incident, or other reports or records if they contain information that is "reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person." Mo.Rev.Stat. §  610.100.3. Law enforcement agencies may also withhold otherwise public records if disclosure would "jeopardize a criminal investigation," or would disclose the identity of a source wishing to remain confidential or of a suspect not in custody. Id. See State ex rel. DeGaffenreid v. Keet, 619 S.W.2d 873 (Mo.Ct.App. 1981) (held a "summons" does not constitute an arrest, and that §  610.105 does not shield such records); Charlier v. Corum, 794 S.W.2d 676 (Mo.Ct.App. 1990) (inmate records retained by sheriff are public records subject to disclosure); News-Press & Gazette Co., supra, at 579-80 (Medical Examiner's office is a "law enforcement agency" and autopsy records are public records).

Any person, attorney for a person, or insurer of a person involved in any incident or whose property is involved in any incident may obtain any closed 911, arrest, incident or investigation records for the purpose of investigation of any civil claim or defense. Upon written request, any individual involved in an incident, or whose property was involved in an incident, his attorney or insurer, may obtain a complete, unaltered, and unedited incident report concerning the incident, and may obtain arrest and investigative reports which are closed. Within 30 days of such a request, the agency shall provide the requested material or file a motion with the circuit court having jurisdiction over the law enforcement agency stating the safety of the victim, witness or other individual cannot be reasonably ensured, or that the criminal investigation is likely to be jeopardized. If, based on such motion, the court finds for the law enforcement agency, the court shall either have the record closed or order such portion of the record that should be closed to be redacted. Mo.Rev.Stat. §  610.100(4).

Lawsuits Seeking Access to Information in Investigative Reports. The 1995 amendments to the Arrest Records Law authorizes any person to file a lawsuit in circuit court seeking disclosure of information contained in an investigative report which would otherwise be a closed record. The circuit court may examine the investigation report in camera and is to consider whether the benefit to the person bringing the action outweighs any harm to the public, the law enforcement agency or officers, or any person identified in the investigative report. The court may order the person filing the lawsuit to pay the costs and attorneys fees of both parties. Mo.Rev.Stat. §  610.100.5