Just wanting to see what other rural counties are doing with old criminal files. I looked at the Texas State Library and Archives Commission - State and Local Records Management Division. My office does not have a records retention schedule and I found where you could destroy records if they are not on a schedule. My question is do we have to have a schedule before we can destroy or can we "Request for Authority to Destroy Unscheduled Records" without even having a schedule? Anyone done this? Thanks. Oh yeah, here's the website if anyone needs it: http://www.tsl.state.tx.us/slrm/recordspubs/forms/

Doug Arnold handles our record destruction and went through all those rules. Give him a call (512-943-1234) for how we handle it and any forms.

I filed my "plan" when they first started requesting them. By sticking to it (and keeping a copy of the papers I submitted) I have been able to avoid trouble with some open records requests. A lot of them are concerning older records, and I can happily write back that the records were destroyed pursuant to the records retention policy on file with the state library.

As big a pain as they are to formulate, I echo Lisa's recommendation of implementing a records retention schedule. It helps fend off a host of Public Information Act requests from all over the country, and it keeps our file cabinets only marginally overflowing (as opposed to the dam break we would experience if we couldn't regularly, methodically destroy old files). People just don't seem to want to pay the fees the County Clerk can charge for copies of court records, so they'll hit you up for those records at the bargain basement prices imposed by the PIA if you have them.

Getting the retention policy in place is pretty easy. The forms are available online and the State Archive people are very helpful. Once you have the policy, it is just a matter of culling through your old files. I'm sure you could use the extra storage space that comes from weeding out.

Since finding the time to clear out the old files seems to be at a premium, we are having a summer intern grad student help.

According to the State Library and Archives Commission schedules for records retention, criminal case files in a county or district attorney's office must be retained as long as administratively valuable after final disposition. Common sense dictates that some files need to be kept longer than others, and some need to be kept permanently. But are there any other legal - not practical - requirements regarding the preservation of criminal case files?

I have not found any. The "bones" of a misdemeanor file are in the clerk's office forever. All I have that arguably no one else would have are my communications, the offense report, lab reports and my notes. Nothing worth keeping for the ages!

Some clerks are better than others. Some counties seem to have decided long ago that criminal case files don't matter. From a practical standpoint, we might want to keep our files for at least as long as private practitioners are required to keep theirs. I believe that is either four or five years--easily verified. JB has been arguing for several years that we need something like a centralized database that serves as both source and proof for enhancements. Our inability to retain case files really hampers our ability to treat habitual offenders the way our laws intend them to be treated.