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State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_105

Effect of nolle pros–dismissal–sentence suspended on record–notguilty due to mental disease or defect, effect–official recordsavailable to victim in certain cases.

610.105. 1. If the person arrested is charged but the case issubsequently nolle prossed, dismissed, or the accused is found not guiltyor imposition of sentence is suspended in the court in which the action isprosecuted, official records pertaining to the case shall thereafter beclosed records when such case is finally terminated except as provided insubsection 2 of this section and section 610.120 and except that thecourt's judgment or order or the final action taken by the prosecutor insuch matters may be accessed. If the accused is found not guilty due tomental disease or defect pursuant to section 552.030, RSMo, officialrecords pertaining to the case shall thereafter be closed records upon suchfindings, except that the disposition may be accessed only by lawenforcement agencies, child-care agencies, facilities as defined in section198.006, RSMo, and in-home services provider agencies as defined in section660.250, RSMo, in the manner established by section 610.120.

2. If the person arrested is charged with an offense found in chapter566, RSMo, section 568.045, 568.050, 568.060, 568.065, 568.080, 568.090, or568.175, RSMo, and an imposition of sentence is suspended in the court inwhich the action is prosecuted, the official records pertaining to the caseshall be made available to the victim for the purpose of using the recordsin his or her own judicial proceeding, or if the victim is a minor to thevictim's parents or guardian, upon request.

(L. 1973 S.B. 1 § 7, A.L. 1981 H.B. 554, A.L. 1993 H.B. 170, A.L. 1998 H.B. 1095, A.L. 2001 S.B. 267, A.L. 2006 H.B. 1053)