Records Request

The Missouri Sunshine Law does not require requests to be made in a certain format. However, in order to ensure accountability for all requests, the Caldwell County Sheriff's Department requires a request to be made in writing. In addition, the agency's obligation to respond to a request for records MUST be received by the Custodian of Records. Sending a request to a "member of the office's staff" does not guarantee the agency's requirement to fulfill the request under the Missouri Sunshine Law. There are also fees associated with records requests that must be paid prior to the request being fulfilled.

Once a request and all applicable fees have been received, all reasonable efforts will be made to comply while adhering to all applicable statutes, regulations, and policies regarding the dissemination of records. Each request will be reviewed, and a response will be provided within three business days. However, the requested documentation may take longer to produce for various reasons. If a delay is expected, the Custodian of Records will relay that information and the reason for the delay in the initial response. If a request is denied, the Custodian of Records will provide a written statement detailing the reason for the denial within three business days of the request being received.

As mentioned above, not all records are open to the public and some records are not available from the Caldwell County Sheriff's Department. The following are types of law enforcement records that may or may not be available for release to the public.

·         Arrest Reports

o   A record of an arrest and of a detention or confinement incident thereto together with the charge therefore.

o   Arrest records may be considered open or closed records.

§  Arrest records are considered open records and made available after 30 days from the date of arrest if charges are made.

§  Arrest records are considered closed to the public if the individual is not charged with an offense within thirty days of the arrest.

·         Accident / Crash Reports

o   The Caldwell County Sheriff's Department does not complete reports regarding vehicle accidents. To request these records, contact the Missouri State Highway Patrol Troop H in ST. Joseph, MO.

·         Daily Call Log

o   The call logs for the Caldwell County Sheriff's Department are kept by the Caldwell County E-911 Dispatch Center. To request these records please contact that agency.

·         Incident Reports

o   A record consisting of the date, time, specific location(s), name(s) of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency.

o   Incident reports are considered open records and may be available any time after the report has been signed off on by the Sheriff.

·         Investigative Reports

o   A record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.

o   Investigative reports are closed to the public until the investigation becomes inactive.

·         Mobile Video Recording

o   Any data captured by a mobile video recorder, including audio, video and any metadata.

o   Mobile video recordings associated with investigative reports may not be available to the public until after the investigation becomes inactive.

o   Any recording made in a nonpublic location is closed to the public.

§  It may only be made available to the following:

·         Any person who is depicted in the recording.

·         Any person whose voice is in the recording.

·         A legal guardian or parent of such person if he or she is a minor.

·         A family member of such person within the first degree of consanguinity if he or she is deceased or incompetent.

·         An attorney for such person.

·         Any person receiving a mobile video recording made in a nonpublic location is prohibited from displaying or disclosing the recording without first providing direct notice to all persons not affiliated with a law enforcement agency whose image or sound is contained in the recording and affording each person no less than ten days to respond to the notice.

·         Sex Offender Listing

o   A list of all sex offenders residing and / or working within the county.

§  This list includes the offenders name, home address, work address and tier level.

§  This information plus more is also available here.

·         911 Records

o   All 911 calls are routed through the Caldwell County E-911 Dispatch Center. Any requests for these reports need to be filed with that agency.

 

Any records associated with a case that is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended will be closed. In addition, there are some circumstances where records that are normally open to the public can be closed, and requests are denied. Agencies have the authority to withhold disclosure of records under two circumstances:

§  The agency has articulable concern over the safety of a victim, witness, or other individual if information in the record is revealed.

§  If the criminal investigation is likely to be jeopardized if information in the record is revealed.

If you are the defendant in a pending case, the CCSD cannot release any records associated with the case. All requests for these records must be paid to the Caldwell County Prosecutor's Office.

Requests can be made via the link below or by emailing CustodianOfRecords@Caldwellcosdmo.gov and including as much of the following information as possible:

·         Report Number

·         Address where the incident occurred.

·         Name of subject(s) involved.

·         Any other identifying information

·         Reason for request

The following fees will be assessed to all requests and are to be paid prior to dissemination:

·         Copy Fees

o   $0.10 per page for copy paper no larger than 9" X 14".

o   Actual cost of any disk, tape or other medium used for duplication.

o   Actual cost for fees associated with duplicating any maps, blueprints or plats.

o   Actual cost for fees associated with additional programming needed to comply with request.

·         Postage

o   Actual cost for mailing records if they are not picked up at the office.

·         Research Fee: $22.45 per hour. 

o   This includes time spent collecting records, copying records, and preparing records for distribution.

 

Records released under the Missouri Sunshine Law will have all personal identifiers blacked out and will not be certified copies.

 

Effective July 1, 2023, the Missouri Supreme Court ordered remote access to court records. Due to this ruling, some records may be accessible online at www.mocourts.gov.

 

If you have any questions regarding records kept by the Caldwell County Sheriff's Department, you can contact the Custodian of Records, Nicole Lund, at (816) 586-2751 or via email at CustodianOfRecords@Caldwellcosdmo.gov.