*RETENTION NOTE: The minimum retention periods in this part, to the extent the records described are created or maintained by the offices or officers named, are binding on persons commissioned as peace officers by the governing bodies of public school districts. The term "law enforcement agency," "law enforcement officer," or "peace officer" as used in this schedule, means the offices, departments, or officers noted.

RETENTION NOTES: a) The term "public safety agency" also refers to persons commissioned as peace officers by the governing bodies of school districts.

b) For administrative, financial, personnel, and support service records not included in this part of the schedule, see Schedule GR. (Records Common To All Governments).

SECTION 2-1: ARREST AND OFFENSE RECORDS

RETENTION NOTES: a) The record groups described in this section concern adults or juveniles arrested and tried as adults. Refer to section 2-4 of this schedule for juvenile delinquency records.

b) Arrest and other law enforcement records relating to an individual are subject to expungement under Tex. Code of Criminal Procedure, arts 55.01 to 55.05. An expungement order overrides any retention period established in this schedule. The destruction of expunged records are exempt from destruction request requirement.

c) For the purposes of this section the term "person" includes a corporation or association.

4125-01 ACTIVITY LOGS OR DOCKETS - Logs or equivalent records, usually arranged chronologically or by case, court, or citation number, providing summary data on complaints investigated by law enforcement officers, arrests made, citations issued, accidents investigated, court arraignments, court appearances by officers, and similar activities relating to the arrest or citation of persons or the investigation of offenses. RETENTION: 2 years; or 2 years after last entry if in bound volume

*4125-02 ARREST REPORTS - Arrest report and fingerprints on each person arrested by the law enforcement agency and charged with a felony or a misdemeanor not punishable by fine only. (See item number 4125-05(b)(1) for arrest reports on persons arrested for Class C misdemeanors. RETENTION: 75 years or date of death of individual, if known

RETENTION NOTE: If the arrest report does not provide the following information, documents from offense investigation records (see item number 4125-05) sufficient to provide the information must be retained 75 years or until date of death of the individual, if known: the name (including aliases), date of birth, and physical description of the offender; the name of the arresting agency; the arrest charge and whether it is a felony or a misdemeanor; the date of arrest; and the date and exact disposition of the case by the agency.

4125-05 OFFENSE INVESTIGATION RECORDS - Offense and supplemental offense reports; investigation reports and notes; witness statements; latent fingerprints; results of chemical analysis and polygraph tests; crime scene, mug shot, and other photographs; laboratory reports; arrest reports (Class C misdemeanors only); citations, affidavits; criminal process; victim impact statements; and other records relating and customary to the investigation of criminal offenses or other violations of state law or local ordinance.

a) Cases not cleared. RETENTION: Until the statute of limitations has run.

b) Cases in which an arrest is made or a citation issued and a law enforcement agency has certain knowledge of the pretrial or adjudicated disposition of an arrested or cited person and considers the case to have been cleared by the conviction or acquittal of the person arrested or cited, by the dismissal of charges against the person, or by the entry on the record of a court by a prosecuting attorney of a nolle prosequi.

RETENTION NOTE: Retention periods date from date of arrest or citation and are based on the highest classification of offense for which a person is arrested and charged or the highest classification of offense for which a person is tried, whichever the lesser classification.

1) Class C misdemeanor and unclassified violations of state law or local ordinance punishable by fine only (including arrest reports and citations). RETENTION: 6 months (Exempt from destruction request requirement.)

2) Class A and B misdemeanors and state jail felonies. RETENTION: 2 years

3) Second and third-degree felonies. RETENTION: 10 years

4) First-degree and capital felonies. RETENTION: 50 years

5) Driving while intoxicated offenses. RETENTION: 10 years

6) Or, for any classification of offense. RETENTION: Date of death of individual, if known. (Records destroyed under this retention period that are one year old or less are exempt from destruction request requirement.)

RETENTION NOTE: Copies of documents on offense investigation records the originals of which are maintained by, filed with, or returned to a court or another state or local law enforcement agency need be retained only as long as administratively valuable and are exempt from the destruction notice requirement. Exceptions are copies of notices or other process that provide certain knowledge to the law enforcement agency of the pretrial or adjudicated disposition of a case.

4150-01 ACCIDENT REPORTS - Records relating to traffic accidents, including accident reports, supplemental accident reports, photographs, correspondence, and related documentation. RETENTION: 2 years, but see retention note.

*RETENTION NOTE: If as the result of an accident, a person is arrested and charged with driving while intoxicated or with at least a second degree felony, the accident report shall be considered an offense investigation record and must be retained for the appropriate retention period under item 4125-05(b).

4150-02 CHILD ABUSE REPORTS - Copies of non accusatory child abuse reports received by a law enforcement agency pursuant to Tex. Family Code, 34.02, that do not become part of arrest and offense investigation records (see item numbers 4125-02 and 4125-05). RETENTION: 3 years

*4126-06 RAP SHEETS - Copies of rap sheets received from the Texas Department of Public Safety or other law enforcement agencies. RETENTION: 1 year (Exempt from destruction request requirement.)

4150-07 INCIDENT REPORTS - Reports concerning incidents or complaints that, after investigation, did not or do not appear to have involved the commission of a crime. RETENTION: 2 years

4150-08 MISSING AND UNIDENTIFIED PERSONS FILES - Reports on missing children and adults, requests for investigation, photographs, fingerprints, dental records, x-rays, notifications of possible match, and similar documents relating to the location of missing children and adults, including similar records relating to unidentified bodies found in the county and reported to the sheriff. RETENTION: Date person located or body identified + 3 years

RETENTION NOTE: If the location of the person or the identification of a body leads to a criminal investigation by the law enforcement agency, the records described must be retained for the same period as arrest and offense investigation records (see item numbers 4125-02 and 4125-05).

4150-09 WARNING CITATIONS - Warning citations issued for violations of motor vehicle laws or for those violations of the penal code (e.g., criminal trespass) in which the issuance of warning citations is customary. RETENTION: 1 year (Exempt from destruction request requirement.)

4175-02 CRIMINAL INTELLIGENCE AND ANALYSIS FILES - Records created and maintained to anticipate, prevent, or monitor possible criminal activity, including crime pattern, crime analysis, and modus operandi reports; forecasts; evaluation reports; investigation recommendations; reports on movements of known offenders; and messages and alerts from other agencies. RETENTION: 1 year (Exempt from destruction request requirement.)

*RETENTION NOTE: Information compiled by a law enforcement agency pursuant to Chapter 61, Code of Criminal Procedure, concerning combinations must be destroyed after 2 years if the individual to whom the information relates has been charged with criminal activity. (By law - art. 61.06, Code of Criminal Procedure)

4175-03 FINGERPRINT RECORDS - Fingerprint records maintained in paper or on automated systems of missing persons, suspects, known offenders, incarcerated persons, etc. RETENTION: 1 year (Exempt from destruction request requirement.)

*RETENTION NOTE: Fingerprint records of persons arrested for offenses other than Class C misdemeanors must be retained 75 years or until date of death of individual, if known by the arresting agency. See item number 4125-02.

4175-05 LAW ENFORCEMENT INFORMATION DISSEMINATION, INQUIRY, AND RECEIPT RECORDS - Reports, logs, and other records pertinent to documenting the dissemination of criminal histories and other information to law enforcement or other agencies through crime information networks (e.g., TCIC/NCIC) or by other methods and similar records documenting inquiries for and the receipt of information.

a) Records of the dissemination of criminal histories. RETENTION: 3 years

*b) Records of the dissemination of information other than criminal histories (e.g. missing persons, stolen property). RETENTION: 1 year (Exempt from destruction request requirement.)

*c) Records of inquiries for and the receipt of information, including criminal histories. RETENTION: 1 year (Exempt from destruction request requirement.)

d) Administrative messages received through TCIC/NCIC or other networks. RETENTION: 1 year (Exempt from destruction request requirement.)

4175-09 PROPERTY RECORDS - Reports, logs, property cards, receipts, notices, and similar records documenting the receipt, processing, chain of custody, and disposition by return, destruction, or sale of evidential, stolen, abandoned, unclaimed, impounded, or recovered property, including motor vehicles, by a law enforcement agency. RETENTION: FE of return or disposal of property +3 years

RETENTION NOTE: Any records in this series must be retained for FE + 5 years if they serve to document the collection of sales tax due to the State Comptroller of Public Accounts.

4175-14 UNIFORM CRIME REPORTS - Copies of uniform crime reports submitted to the Texas Department of Public Safety.

a) Monthly reports. RETENTION: 3 years

b) Annual reports. RETENTION: Permanent

*SPECIAL NOTE: This section remains in effect until the effective date of adoption of Local Schedule JR (Juvenile Records) by the Texas State Library and Archives Commission by an amendment to 13 TAC 7.125.

SPECIAL NOTE: Law enforcement records relating to the investigation of offenses committed by juveniles or records concerning the taking of juveniles into custody are subject to sealing under Tex. Family Code, 51.16, except - since 1 September 1987 - for case papers concerning an adjudication of delinquency based on a violation of a penal law of the grade of felony. On entry of a sealing order by a juvenile court, law enforcement records relating to the case must be transferred to the court issuing the order and all index references to the files and ` records ordered sealed must be deleted. The retention periods in this section apply to unsealed records of juveniles in the possession of law enforcement agencies.

4225-01 JUVENILE DISPOSITION REPORTS AND PROCEDURAL DOCUMENTATION.

a) Copies of reports submitted by a law enforcement agency to the juvenile probation department or to another office or official designated by the juvenile court on the number and type of non-referred juvenile dispositions by the agency under authority of Tex. Family Code, 52.03 (see item number 4225-03). RETENTION: 1 year (Exempt from destruction request requirement.)

b) Juvenile disposition procedural documentation. RETENTION: US (Exempt from destruction request requirement.)

4225-02 JUVENILE DELINQUENCY RECORDS (REFERRED CASES) - Offense reports, warning notices, fingerprints, photographs, and other records relating to the investigation of an offense committed by a juvenile and the taking of the juvenile into custody in those instances in which a warning notice has been issued to the child or the case has been referred to the juvenile court.

RETENTION NOTE: The retention periods set out below are divided into two groups - those in subsection (a) dealing with records arising from delinquent conduct committed on or before 31 August 1987 and those in subsection (b) dealing with records arising from a delinquent conduct committed on or after 1 September 1987. The Texas Legislature has determined that an offense occurred on or after 1 September 1987 if all the elements of the offense occurred on or after that date.

a) Records concerning delinquent conduct committed on or before 31 August 1987:

1) Fingerprint cards and photographs only:

A) If a petition alleging that the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, the juvenile is found not to have engaged in the alleged conduct, or the juvenile is found to have engaged in the conduct but has reached the age of 18 and there is no record that he or she committed a criminal offense after reaching the age of 17. RETENTION: Must be destroyed immediately upon fulfillment of any of the conditions listed. [By law - Family Code 51.15(e) before 1987 amendment] (Exempt from destruction request requirement.)

B) If the juvenile is found to have engaged in the conduct, has reached the age of 18, but there is a record that he or she committed an offense after reaching the age of 17. RETENTION: Follow the retention period in (a)(2)(B)

RETENTION NOTE: For records retention requirements for fingerprints and photographs of juveniles in non-referred cases see item number 4225-03.

2) All other case papers.

A) If a petition alleging the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, or the juvenile is found not to have engaged in the alleged conduct. RETENTION: Until the individual is 18

B) If the juvenile is found to have engaged in delinquent conduct. RETENTION: Until the individual is 23

b) Records concerning delinquent conduct committed on or after 1 September 1987:

1) Fingerprint cards and photographs only:

A) If a petition alleging that the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, or the juvenile is found not to have engaged in the alleged conduct; or the juvenile is found to have engaged in the conduct but has reached the age of 18, is not subject to commitment to the Texas Youth Commission or to transfer under a determinate sentence to the Texas Department of Corrections, and there is no record that he or she committed a criminal offense after reaching the age of 17; or the person is older than 18 years and at least three years have elapsed after the person's release from commitment, and there is no evidence that he or she committed a criminal offense after release. RETENTION: Must be destroyed immediately upon fulfillment of any of the conditions listed. [By law - Family Code 51.15(e)] (Exempt from destruction request requirement.)

RETENTION NOTE: For records retention requirements for fingerprints and photographs of juveniles in non-referred cases see item number 4225-03.

B) If the juvenile is found to have engaged in conduct involving a violation of the penal code of a grade other than a felony, has reached the age of 18, but there is a record that he or she committed an offense after reaching the age of 17. RETENTION: Follow the retention periods in (b)(2)(B) or (C), as applicable

C) If the juvenile is found to have engaged in conduct involving a violation of the penal code of the grade of felony. RETENTION: Follow the retention period in (b)(2)(C)

2) All other case papers:

A) If a petition alleging the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, or the juvenile is found not to have engaged in the alleged conduct. RETENTION: Until the individual is 18

B) If the juvenile was adjudged delinquent based on the violation of a penal law other than the grade of felony. RETENTION: Until the individual is 23

C) If the juvenile was adjudged delinquent based on the violation of a penal law of the grade of felony, or was sentenced to the Texas Youth Commission with a transfer to the Texas Department of Correction under determinate sentencing procedures, or was tried as an adult. RETENTION: Follow the retention periods for items 4125-02 or 4125-05, as applicable

4225-03 JUVENILE DELINQUENCY RECORDS (NON-REFERRED CASES) - Offense reports, disposition reports, fingerprints, photographs, and other records relating to the investigation of an offense committed by a juvenile and the taking of the juvenile into custody in those instances in which the case is referred to an agency other than the juvenile court or the juvenile probation department or a conference is held with the parent, guardian, or custodian of the child without additional referral.

a) Fingerprints - If a juvenile is fingerprinted for the purpose of comparison with latent fingerprints found during the investigation of an offense and the comparison is negative or if the comparison is positive, but the case is not referred to the juvenile court. RETENTION: Must be destroyed immediately. [By law - Family Code 51.15(f)] (Exempt from destruction request requirement.)

b) Photographs - If, during the investigation of a criminal offense, a juvenile in custody is photographed to assist in the identification of the offender and the juvenile is not identified as the offender or the juvenile is identified as the offender, but the case is not referred to the juvenile court. RETENTION: Must be destroyed immediately. [By law - Family Code 51.15(h)] (Exempt from destruction request requirement.)

c) All other case papers. RETENTION: Until individual is 18

SECTION 2-5: PERSONNEL TRAINING RECORDS

RETENTION NOTE: This part supplements and should be used in conjunction with part 3 of Schedule GR (Records Common To All Governments).

4325-02 WEAPONS PROFICIENCY TESTS - Reports of weapons proficiency tests administered to peace officers. RETENTION: US + 3 years; or date of separation + 1 year, whichever sooner

*4325-03 RESIGNATION OR TERMINATION, REPORTS OF - Copies of reports from a law enforcement agency to the Texas Commission on Law Enforcement Standards and Education on the resignation or termination of persons from the agency who are licensed by the commission. RETENTION: Date of separation + 5 years