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Are Jackson County Records Public?
Yes. Various Missouri laws ensure that members of the public can view or obtain records generated within Jackson County. The Missouri Sunshine Law (Chapter 610 RSMo) is the legal cornerstone for public access to government records. It defines public records in § 610.010(6) RSMo as written or electronically stored information produced, collected, or maintained by any public governmental body.
Per § 610.010(4) RSMo, "public governmental bodies" are agencies created by the state’s statutes or constitution, local order or ordinance, or executive order. The judiciary is generally excluded, except when operating in an administrative capacity.
Governmental bodies subject to Missouri's Sunshine Law are mandated to appoint record custodians responsible for maintaining and dispensing information to the public. The law also implements record request and retrieval policies, such as the response window for record custodians and fees for copying public documents.
Note: Missouri Court Operating Rule 2 regulates access to case records generated by state courts. The rule states that Jackson County court records and other Missouri court files are presumed open to the public for copying and inspection.
What is Exempted Under the Missouri Public Records Act?
The Missouri Sunshine Law outlines several restricted records that the public cannot access. Missouri Court Operating Rule 2 also lists court case information that cannot be disclosed to members of the public. Under these regulations, record custodians are obligated to explain to requesting parties why certain requests cannot be granted due to specific provisions of the law. In some cases, confidential information within publicly available records may be redacted before being provided for public inspection or copying.
The following are examples of exempt records in Missouri:
- Records detailing reports of alleged improper governmental actions
- Privileged information between public agencies and their attorneys
- Sensitive personal information like driver's license numbers, financial records, state and tax ID numbers, medical data, and social security numbers
- Personal details of protected individuals, such as victims of certain crimes, confidential informants, and protected witnesses
- Expunged and sealed records
- Juvenile criminal and arrest records
- Records related to active police investigations, such as techniques, evidence, and suspects
- Unexecuted search warrants
- Records marked as confidential by other state law and federal laws
- Death and birth records
Notwithstanding these exemptions, specific individuals are authorized by law to access restricted or confidential records. These include record subjects or their representatives, people with court orders, and law enforcement agencies handling criminal justice matters.
Jackson County Public Record Search
The following options are generally available for requesting or inspecting publicly available information and documents in Jackson County, Missouri:
- In-person requests: Some public offices allow members of the public to view records in person at no cost. Individuals can also order official copies of records at office premises, but this service attracts a fee. For example, people who want to obtain criminal investigation, incident, or arrest reports can visit the Sheriff's Records Unit at 4001 North East Lakewood Court, Lee's Summit, MO 64064.
- Online searches and orders: Many county agencies and offices offer online search portals for accessing public records. While most records are uploaded by county and court officials, they are not always treated as official records. An example is the Case.net portal provided by the Missouri judiciary. The online system contains details of case proceedings handled by courts across the state. One can use this resource to search and view case records from Jackson County’s Circuit Court.
At the same time, county departments may provide online forms for requesting specific public records. For instance, members of the public can also order police reports from the local Sheriff"s website.
- Mail-in requests: Mail-in requests are primarily used to order copies of public documents. The process usually involves filling out a request form and sending it to the records custodian of the relevant agency. Most agencies also instruct requesters to include specific fees and self-addressed envelopes. For example, people who want to order death certificates older than 50 years can fill out the application form, notarize it, enclose the $14 fee, and mail it to:
Jackson County Public Health
Vital Records
3651 North East Ralph Powell Road
Lee’s Summit, MO 64064
Individuals can contact an agency or visit its website to learn more about its available public records request methods and applicable fees.
Find Public Records For Free in Jackson County
Members of the public who do not know the custodians responsible for the records they seek can run free name searches on third-party public records websites. These sites are run by private businesses that aggregate publicly available information, like arrest, court, and property information. Individuals can visit such platforms to confirm whether certain records exist and which agency holds them.
However, these online vendors are not the primary public records sources and thus cannot authenticate records. Users are always advised to verify records obtained from these sites with the official custodians.
How to Remove Information From Public Records Free
Individuals can ask agencies to remove their personal information from public records. Certain sensitive details, such as social security, credit card, and bank account numbers, are ordinarily redacted before public records are disclosed. However, if such information is found in a public record, the record owner may apply to the respective agency. Public agencies typically have defined processes for redaction or removal. For example, one can obtain the Jackson County Recorder of Deeds procedure for redacting personal information from the office's website.
Missouri law (§ 610.122 to 610.145 RSMo) also allows individuals to seal and expunge certain criminal records. Expungement permanently deletes records from public databases or repositories, while sealing restricts public access to the affected records.
However, only individuals who meet specific legal requirements can seek sealing or expungement. For example, people arrested but never convicted can expunge their records, and persons convicted of minor crimes can follow the sealing process provided they meet other criteria, such as waiting for a stipulated period and not having pending criminal cases.
Interested parties can contact the appropriate institutions, such as courts and arresting agencies, for details regarding deleting or sealing information from public systems.
Who Can Access Jackson County Public Records in Missouri?
Missouri's Sunshine Law and Court Operating Rule 2 grants the general public access to county and court records. However, some records are only open to specific entities. These include record subjects and their legal representatives, law enforcement agents, judicial officers, immediate family members, and people with court orders.
What Happens if I Am Refused a Public Records Request?
Governmental bodies in Jackson County can deny public records requests for any of the following reasons:
- The requested records are restricted under state/federal law or court rule.
- The requesting party failed to provide the proper identification required to access protected records.
- The requester failed to specify the record(s) they seek.
- The requester failed to pay the fee required to reproduce documents.
Members of the public who believe their requests were unlawfully rejected can file a Sunshine Law complaint with the Attorney General's office.
Additionally, § 610.027 RSMo allows aggrieved individuals to file lawsuits in the Jackson County Circuit Court to enforce the Sunshine Law. Once the lawsuit is filed, the public body is prohibited from transferring, deleting, or removing the record from its custody, and the agency must demonstrate that there was a legitimate reason for the denial.
If the court rules in favor of the petitioner, the public body will be fined an amount not above $1,000. However, if the public body or its agents knowingly violated the law to reject the petitioner’s public records request, the court will force the governmental agency to cover the petitioner's reasonable attorney fees and court costs. The court will also impose a penalty based on the size and impact of the injury caused by the denial.
