Missouri
Missouri Sunshine Law: Three Business Days, Fees, and Police Video Rules
Missouri's Sunshine Law, chapter 610, RSMo, requires a public body to act on a records request by the end of the third business day, caps copies at ten cents per page, offers a public-interest fee waiver, and gives police mobile video recordings their own detailed rules in section 610.100.
This page covers Missouri state and local records under chapter 610. Federal agency records run under the separate federal Freedom of Information Act: see how to file a FOIA request. For the corresponding rules in the other 49 states, start at our public records laws by state hub.
What the Sunshine Law covers
Chapter 610 governs both open meetings and open records, and the "Sunshine Law" label covers the whole chapter. For records, the operating principle is that records of public governmental bodies are open for inspection and copying by members of the public unless a specific provision of law closes them. The chapter defines its terms carefully, and the distinction between an open record, a closed record and a record that is closed only for a period is doing most of the work in any given dispute.
Nothing in the access provisions reviewed for this page conditions a request on residency, citizenship or a stated purpose. Note, though, that section 610.027 describes standing to sue in different terms than the access right, naming "any aggrieved person, taxpayer to, or citizen of this state, or the attorney general or prosecuting attorney." Access and enforcement are framed differently, and an out-of-state requester anticipating a fight should raise that with a Missouri attorney early.
The third business day rule
Section 610.023.3 is the core timing provision, and reading it in full prevents the most common misunderstanding:
Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body. If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three days for reasonable cause.
Three things follow. First, the deadline is to act, and acting can mean producing, denying, or giving a detailed explanation with a specific date. Second, the explanation has to be detailed and has to name a place, time and date, which is more than a form acknowledgment. Third, the production period may exceed three days for reasonable cause, so the third business day is not a guarantee of delivery.
The format sentence is easy to overlook and worth using. Asking for native electronic files rather than paper can remove both the per-page charge and much of the duplication time charge.
Written denials. Section 610.023.4 provides that if access is denied, the custodian shall, upon request, provide a written statement of the grounds for the denial, which must cite the specific provision of law relied on and must be furnished by the end of the third business day following receipt of that request. The statement is not automatic. Ask for it in writing, because the citation it contains is what you will litigate or complain about.
Fees and the public-interest waiver
Section 610.026.1(1) sets the schedule:
| Charge | Limit |
|---|---|
| Paper copies not larger than nine by fourteen inches | Not more than ten cents per page |
| Duplication time | Not to exceed the average hourly rate of pay for clerical staff of the public governmental body |
| Research time | Actual cost |
| Staffing | The body must produce copies using employees that result in the lowest amount of charges for search, research and duplication time |
You may request a cost estimate before copies are produced, and on any sizable request you should. Payment is due within 90 days of the request for payment, or 150 days where the fee exceeds $1,000, and a request not paid within that window is deemed withdrawn.
Missouri's waiver is unusually well drafted for a state statute because it borrows the federal standard verbatim in substance. Documents "may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester." It is discretionary, so make the argument in the request itself, and be concrete about how the information will reach the public.
How to file a Missouri Sunshine Law request
- Send the request to the body's custodian of records. Section 610.023 requires every public governmental body to appoint one and to make that person's identity and contact information available on request, and the three business day clock runs from that custodian's receipt.
- Put the request in writing and date it.
- Specify the format you want. If electronic files exist, ask for them.
- Describe the records precisely: subject, date range, department, and any case, incident or permit number.
- Ask for a cost estimate before copies are produced, and make any public-interest fee waiver argument in the same letter.
- Diary the third business day. If what arrives is a delay notice, check that it gives a detailed cause and a specific place, time and date. If it is a denial, ask in writing for the section 610.023.4 written statement of grounds.
Our free FOIA request generator will draft a Missouri-specific letter with the right citations, and nothing you enter into it is stored or transmitted.
Enforcement, penalties and deadlines to sue
Missouri provides no administrative appeal board. Section 610.027 places enforcement in the circuit court for the county where the public governmental body conducts its business, and allows suit by any aggrieved person, taxpayer to or citizen of this state, or by the attorney general or a prosecuting attorney.
The filing window has two limits and both matter: suit must be brought within one year from when the violation is ascertainable, and in no event later than two years after the violation. A dispute that drags through months of correspondence can consume the first of those without anyone noticing.
Penalties turn on the body's state of mind. A knowing violation can carry a civil penalty of up to $1,000. A purposeful violation, a higher standard requiring more than awareness, can carry up to $5,000 plus mandatory attorney fees.
Before litigating, consider the Missouri Attorney General's office, which publishes Sunshine Law guidance and accepts complaints about non-compliant bodies. It costs nothing and frequently resolves a slow custodian faster than a filing would.
Police records: what is open, what is closed, and who can still get it
Section 610.100 is one of the more detailed law enforcement records provisions in any state statute, and it repays reading closely.
Definitions that decide the outcome. An "incident report" is a record consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including logs of reported crimes, accidents and complaints. An "arrest report" is a record of an arrest and any detention or confinement incident to it, together with the charge. An "investigative report" is a record other than an arrest or incident report prepared by law enforcement personnel inquiring into a crime or suspected crime. A "mobile video recorder" is any system or device that captures visual signals and is capable of being installed in a vehicle or worn or carried by law enforcement personnel, and a "mobile video recording" is any data it captures, including audio, video and metadata. A "nonpublic location" is a place where one would have a reasonable expectation of privacy, including but not limited to a dwelling, school or medical facility.
Open by default. Section 610.100.2(1) requires every law enforcement agency in the state, and of any county or municipality, to maintain records of all incidents reported, investigations and arrests, and provides that "all incident reports and arrest reports shall be open records."
Closed while active. Section 610.100.2(2) closes mobile video recordings and investigative reports until the investigation becomes inactive.
Arrest reports can close later. Under section 610.100.2(3), if a person is arrested and not charged within thirty days of the arrest, the arrest report thereafter becomes a closed record, except that the disposition portion may still be accessed and except as provided in section 610.120.
Nonpublic-location video, and who can still obtain it. Section 610.100.2(4) authorizes closing a mobile video recording made in a nonpublic location, but then carves out a list of people who may obtain "a complete, unaltered, and unedited copy" on written request: any person depicted in the recording or whose voice is in it, a legal guardian or parent if that person is a minor, a family member within the first degree of consanguinity if the person is deceased or incompetent, an attorney for the person, and that person's insurer.
The thirty day response. Section 610.100.4 gives the agency thirty days from a written request to provide the material or to file a motion in the circuit court having jurisdiction stating that the safety of a victim, witness or other individual cannot reasonably be ensured, or that a criminal investigation is likely to be jeopardized. If the court finds for the agency it orders the record closed or the sensitive portion redacted. A recipient of nonpublic-location video must give ten days' notice before publicly disclosing it.
Anyone can petition. Section 610.100.5(1) allows any person to bring an action in the circuit court to authorize disclosure of a mobile video recording or of information in an investigative report that would otherwise be closed. The court weighs whether the benefit to the requester or the public outweighs the harm to the public, the agency or its officers, or any person identified in the recording, with respect to the need for effective investigation and prosecution; whether the recording is likely to disclose private matters in which the public has no legitimate concern; and whether it is reasonably likely to bring shame or humiliation to a person of ordinary sensibilities.
Redaction rather than blanket closure. Section 610.100.3 provides that where a portion of an otherwise open record contains information reasonably likely to endanger a victim, witness, undercover officer or other person, to jeopardize a criminal investigation, to disclose a confidential source or an uncaptured suspect, or to reveal investigative techniques or prosecution guidelines, that portion shall be closed and redacted from the record made available. The rest still comes out.
What the Sunshine Law does not cover
Birth, death and marriage certificates run through the Missouri Department of Health and Senior Services Bureau of Vital Records under separate eligibility rules tied to your relationship to the person named. See our Missouri death records guide.
Emergency call audio raises questions about active investigations and privacy that differ from ordinary agency paperwork. We cover the general framework in Are 911 calls public records?.
Federal agency records run under 5 U.S.C. 552, not chapter 610. See our guide to filing a federal FOIA request.
Information on this page reflects Missouri law as of August 2026 and is general legal information, not legal advice. For advice on a specific denial, a fee dispute or a Sunshine Law suit, consult an attorney licensed in Missouri.
Frequently Asked Questions
Do I have to be a Missouri resident to make a Sunshine Law request?
The access provisions of chapter 610 speak in terms of records being open 'for inspection and copying by members of the public,' with no residency or citizenship condition in the text reviewed for this page. Residency does matter for one downstream step: section 610.027 describes who may sue as 'any aggrieved person, taxpayer to, or citizen of this state, or the attorney general or prosecuting attorney,' so the enforcement provision is framed differently than the access provision. If you are out of state and expect a dispute, that is worth raising with a Missouri attorney early.
What is the Missouri three business day rule?
Section 610.023.3 requires that each request for access to a public record 'shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body.' Read the whole sentence. It is a duty to act, not necessarily to deliver. The same subsection provides that if access is not granted immediately, the custodian must give 'a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection,' and it states expressly that the production period 'may exceed three days for reasonable cause.' So three business days is when you must hear something specific, including a real date.
Can I ask for the records in a particular format?
Yes. Section 610.023.3 provides that if records are requested in a certain format, the public body shall provide them in the requested format, if that format is available. Asking for native electronic files rather than printouts can reduce both the duplication time charge and the copy charge to zero.
What must a Missouri denial say?
Section 610.023.4 provides that if a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for the denial. That statement 'shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.' Two practical points follow. The written statement is not automatic; you have to ask for it. And once you ask, a second three business day clock starts, running from the date of that request rather than from the original records request.
What can Missouri charge for copies?
Section 610.026.1(1) caps copy fees at ten cents per page for a paper copy not larger than nine by fourteen inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body. Research time required for fulfilling the request may be charged at actual cost. The statute adds a real constraint on staffing: 'Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time.' You may also request a cost estimate before copies are produced, and it is worth doing on any sizable request.
Is there a fee waiver in Missouri?
Yes, and it is written into the fee section itself. Section 610.026.1(1) provides that documents 'may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester.' That is the federal FOIA public-interest standard, which many states do not offer at all. The waiver is discretionary, so state the basis in your request and explain how the information will reach the public rather than raising it after the invoice arrives.
How long do I have to pay?
Payment is due within 90 days of the request for payment, or 150 days if the fee exceeds $1,000. If you do not pay within that period, the request is deemed withdrawn. Diary the payment date, because a withdrawn request means starting over, including the search work you already paid an agency to scope.
How do I enforce the Sunshine Law?
There is no administrative appeal board. Section 610.027 sends you to the circuit court for the county where the public governmental body conducts its business, and it names who may sue: any aggrieved person, taxpayer to or citizen of this state, or the attorney general or prosecuting attorney. Timing is a real constraint: suit must be brought within one year from when the violation is ascertainable, and in no event later than two years after the violation. The Missouri Attorney General's office also publishes Sunshine Law guidance and accepts complaints, which is a lower-cost first step than litigation and is often the fastest way to get an unresponsive custodian's attention.
What penalties can a Missouri court impose?
The scale turns on the body's mental state. A knowing violation can carry a civil penalty of up to $1,000. A purposeful violation, which is a higher standard, can carry up to $5,000 plus mandatory attorney fees. The gap between those two tiers is why the record of your correspondence matters: written requests, written follow-ups and the body's own written explanations are what make the difference between a body that was careless and one that decided.
Can I get Missouri police body camera video?
Section 610.100 treats it as a 'mobile video recording,' defined as data captured by any system capable of being installed in a vehicle or worn or carried by law enforcement personnel, including audio, video and metadata. The default is restrictive: mobile video recordings and investigative reports are closed records until the investigation becomes inactive. A further rule applies to footage from a 'nonpublic location,' defined as a place where one would have a reasonable expectation of privacy, including a dwelling, school or medical facility. That footage is authorized to be closed, but section 610.100.2(4) gives specific people a right to a copy anyway: any person depicted in the recording or whose voice is in it, a legal guardian or parent if that person is a minor, a family member within the first degree of consanguinity if the person is deceased or incompetent, an attorney for the person, or that person's insurer may, on written request, obtain 'a complete, unaltered, and unedited copy of a recording.'
How long does an agency have to hand over nonpublic-location video?
Thirty days. Under section 610.100.4, within thirty days of a written request the agency shall provide the requested material or file a motion in the circuit court having jurisdiction over the agency stating that the safety of a victim, witness or other individual cannot reasonably be ensured, or that a criminal investigation is likely to be jeopardized. If the court finds for the agency, it orders the record closed or orders the sensitive portion redacted. There is also a downstream obligation on the recipient: a person who obtains nonpublic-location video under this route must give ten days' notice before publicly disclosing it.
Can anyone else get closed police video?
Yes, by asking a judge. Section 610.100.5(1) allows any person to bring an action in the circuit court having jurisdiction to authorize disclosure of a mobile video recording or of information in an investigative report that would otherwise be closed, and the court may order all or part of it released. Section 610.100.5(3) lists what the court weighs: whether the benefit to the person bringing the action or to the public outweighs the harm to the public, to the agency or its officers, or to any person identified in the recording, given the need to investigate and prosecute effectively; whether the recording contains information likely to disclose private matters in which the public has no legitimate concern; and whether it is reasonably likely to bring shame or humiliation to a person of ordinary sensibilities.
When does a Missouri arrest report close?
Section 610.100.2(3) provides that if a person is arrested and not charged with an offense within thirty days of the arrest, the arrest report thereafter becomes a closed record, except that the disposition portion may still be accessed and except as provided in section 610.120. So an arrest report that was open in week one may not be open in week six, which is a timing quirk worth knowing if you are researching an arrest that did not lead to charges.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Missouri Revisor of Statutes: section 610.023, RSMo, custodian of records, response deadline and denials(revisor.mo.gov).gov
- Missouri Revisor of Statutes: section 610.026, RSMo, fees, the public-interest waiver and payment deadlines(revisor.mo.gov).gov
- Missouri Revisor of Statutes: section 610.027, RSMo, enforcement, penalties and limitations periods(revisor.mo.gov).gov
- Missouri Revisor of Statutes: section 610.100, RSMo, arrest and incident records and mobile video recordings(revisor.mo.gov).gov
- Missouri Attorney General: Sunshine Law resources and complaints(ago.mo.gov).gov