Mo. Code Regs. tit. 11 § 30-4.070

Current through Register Vol. 49, No. 23, December 2, 2024
Section 11 CSR 30-4.070 - Dissemination of CHRI From MCRR/User Fee When Required/ CHRI for Statistical Purposes

PURPOSE: This rule establishes a system for the dissemination of criminal history record information for criminal justice purposes, employment purposes, statistical purposes, licensing and for concealable weapons permit, for the review and challenge and when the information is released to criminal justice, noncriminal justice, citizens or the individual of the record and for the paying of fees when required.

(1) Criminal justice agencies shall receive complete criminal history record information (CHRI) for criminal justice purposes and criminal justice employment purposes.
(2) Criminal justice agencies shall receive the following CHRI for the issuance of a concealable firearms permit:
(A) All conviction data;
(B) All charges for which an individual is currently under the jurisdiction of the criminal justice system;
(C) All charges which have resulted in an imposition of sentence being suspended (SIS) until the time as the case is finally terminated; and
(D) Information regarding an arrest, if it is within thirty (30) days of the arrest and no action has been taken by the prosecuting or circuit attorney.
(3) Noncriminal justice agencies or citizens shall receive the following CHRI for employment, licensing purposes or reasons stated in the request:
(A) All conviction data;
(B) All charges for which an individual is currently under the jurisdiction of the criminal justice system;
(C) All charges which have resulted in a imposition of SIS until the time as the case is finally terminated; and
(D) Information regarding an arrest, if it is within thirty (30) days of the arrest and no action has been taken by the prosecuting or circuit attorney.
(4) Federal noncriminal justice agencies shall receive complete CHRI for those investigative purposes as authorized by law or presidential executive order.
(5) The subject of an identification record may obtain a copy of his/her CHRI for review or challenge purposes by submitting a written request via United States mails directly to the Missouri State Highway Patrol, Criminal Records Division, P.O. Box 568, Jefferson City, Missouri 65102 or may present his/her written request in person during regular business hours to the Missouri State Highway Patrol, Criminal Records Division, Annex Building, 1510 East Elm Street, Jefferson City, Missouri.
(A) Requests for CHRI must be accompanied by satisfactory proof of identity, which shall consist of name, date of birth and a set of rolled-inked fingerprint impressions placed upon fingerprint cards or forms commonly utilized for applicant or law enforcement agencies. The request must be accompanied by a fee of fourteen dollars ($14) in the form of a certified check, warrant, voucher or money order payable to the "State of Missouri-Criminal Record System." Any request for waiver of the fee shall accompany the original request for the CHRI and shall include a claim and proof of indigency.
(B) No fees will be charged for challenge of a presupplied record by an individual when a person challenges his/her record. A set of fingerprints will be required if the identity of the person is in question.
(6) Missouri Criminal Records Repository (MCRR) shall charge a fee of not more than five dollars ($5) for each name check and a fee of not more than fourteen dollars ($14) for each fingerprint processed before CHRI can be disseminated to any federal or non-state of Missouri agency when that information is requested for a matter not related to the administration of criminal justice. The fee should be either a certified check, warrant, voucher or money order payable to the "State of Missouri-Criminal Record System." The request with the fee stapled to it should be mailed to the Missouri State Highway Patrol, Criminal Records Division, P.O. Box 568, Jefferson City, MO 65102.
(7) Each request to obtain CHRI for employment or licensing purposes must be accompanied by a fee of five dollars ($5) in the form of a certified check, warrant, voucher or money order payable to the "State of Missouri-Criminal Record System." The request with check stapled to it should be mailed to the Missouri State Highway Patrol, Criminal Records Division, P.O. Box 568, Jefferson City, MO 65102. Any request for waiver of the fee shall accompany the original request for the CHRI and shall include a claim and proof of indigency.
(8) MCRR shall not disseminate or publish statistical information derived from CHRI which identifies individual criminal justice agencies other than to compile or disseminate statistical information from CHRI which describe general offender characteristics and the general disposition of the criminal cases.

11 CSR 30-4.070

AUTHORITY: sections 43.506, 43.530, 610.100, 610.105 and 610.120, RSMo 1986.* Original rule filed Aug. 4, 1987, effective Oct. 25, 1987. Amended: Filed July 15, 1991, effective Dec. 9, 1991.

*Original authority: 43.506, RSMo 1986, amended 1989, 1991; 43.530, RSMo 1986; 610.100, RSMo 1973, amended 1981; 610.105, RSMo 1973, amended 1981; and 610.120, RSMo 1981, amended 1983, 1989.