Or. Admin. Code § 166-150-0095

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-150-0095 - District Attorney Records

It should be noted that the District Attorney in each Oregon County is an official employee of the State. Due to the status of the District Attorney position, the State Archives would recommend utilizing the State Agency General Records Retention Schedule for all financial records produced in county District Attorney offices.

(1) Attorney General Opinions: Records document Attorney General Opinions and attorney's letters of advice. Records may include but are not limited to requests for opinions; opinions; letters of advice; copies of legislative bills, statutes, and administrative rules; and correspondence. The Department of Justice maintains the statewide record copy of Attorney General Opinions. (Minimum retention: 5 years)

(2) Case or Docketed Files: Records document criminal cases tried and filed by the District Attorney for the county. Records may contain but are not limited to police reports, copies of court documents, computerized criminal histories, District Attorney notes, court exhibits, and related correspondence. Information may include defendant's name, date of birth, address and social security number; victim's name, date of birth, address and social security number; and description of the crime and crime scene. (Minimum retention:

(a) Retain cases of murder, treason, or Class A felony, with a judgment of guilty: 60 years or 3 years after sentence expires, whichever is longer

(b) Retain all other felonies, with a judgment of guilty: 3 years after sentence expires

(c) Retain felony cases, dismissed or with judgment of not guilty: 3 years

(d) Retain misdemeanor cases: 3 years after termination

(e) Retain violation cases: 1 year after termination

(f) Retain support enforcement cases: 3 years after all support paid)

(3) Civil Forfeiture and Asset Seizure Files: Records document cases involving seizure of assets for civil forfeiture. Records contain police reports, District Attorney notes, legal pleadings and notices, descriptions and pictures of property and/or cash, and Asset Forfeiture Oversight Advisory Committee forms and reports. Records may contain information regarding the incident leading to seizure, owner's and interested parties' personal information, and statistical and budget information. (Minimum retention: 5 years)

(4) Denied Prosecution Files: Series documents correspondence between District Attorney's office and an outside investigative agency (police department) concerning the inability to prosecute cases based on a lack of evidence. These documents are generated in response to police investigations and consist mainly of correspondence and case descriptions. (Minimum retention: 1 year)

(5) District Attorney Opinions: Series documents official recommendations, advice or opinions of the District Attorney issued to local officials. Records may include requests for opinions, opinions, letters of advice, and grand jury notes. Topics may include establishment, modification or discontinuance of policies or services, and studies, plans, research, or discussions of facilities, services, or issues in the criminal justice system. (Minimum retention: Permanent)

(6) Grand Jury Records: Series describes the documents produced by the Grand Jury in relation to individual cases. The records document the progress and deliberations within the grand jury. Grand Jury Proceedings may include notes, votes, subpoenas, and dockets. These records are not released into the general criminal files and are retained separately from the respective criminal files. (Minimum retention:

(a) Retain notes, votes, and dockets: 10 years

(b) Retain subpoenas and member lists: 1 year)

(7) Grand Jury Reports: Series documents reports filed by the grand jury at the completion of the mandated tours of public institutions and courts. ORS 132.440 requires that the grand jury inquire into the condition and management of every correctional and juvenile facility in the county as defined in ORS 162.135 at least once a year. Information may include tour date, facility name, and any findings of the grand jury. (Minimum retention:

(a) Retain reports not filed with the courts: 20 years

(b) Retain reports filed with the court: 2 years)

(8) Indictment Returned Lists: Series documents lists of grand jury indictments returned, schedules of people awaiting grand jury hearings, or cases pending hearings or trial. Information may include names of people awaiting hearings, and names of cases pending or of returned indictments. (Minimum retention: 2 years)

(9) Investigation Files: Records document criminal cases investigated, but not tried, by the District Attorney. Records may contain but are not limited to police reports, computerized criminal histories, District Attorney notes, grand jury notes, and related correspondence. Information may include suspect's name, date of birth, address and social security number; victim's name, date of birth, address and social security number; and description of the crime and crime scene. (Minimum retention:

(a) Retain cases of murder or treason: Permanent

(b) Retain class A felony cases: 25 years

(c) Retain class B felony cases: 10 years

(d) Retain class C felony cases and support enforcement cases: 5 years

(e) Retain accident and death investigations: 3 years

(f) Retain misdemeanor cases: 2 years

(g) Retain violations cases: 1 year)

(10) Mental Commitment Hearing Files: Records document cases involving incidents or possibly crimes involving mentally ill persons. Records may include police reports, mental health evaluations and referrals, legal pleadings, commitment orders, District Attorney notes, subpoenas, and correspondence. Information may include person's personal information, a victim's personal information (if applicable), and/or witness information. (Minimum retention: 5 years)

(11) Multi-Disciplinary Team Records: Records document the activities and management of the county Multi-Disciplinary Team (MDT). Respective MDTs may have members from city, county, or state agencies. Records may include grant and account records, meeting minutes, annual reports and budgets, member lists, interagency agreements, and correspondence. (Minimum retention: 5 years)

(12) Official Business Register: Series documents the scheduling and status of actions, suits, or legal proceedings involving the District Attorney. Information may include names of individuals or cases, dates or court events, grand jury dockets, and cases scheduled. (Minimum retention: 25 years)

(13) Public Records Disclosure Request Records: Series documents public appeals to the District Attorney when initial requests for access to public documents was initially denied. Records may include but are not limited to requests for disclosure, types of records requested, request logs, notation of transfer to another district, approvals, denials, copies of petitions to the District Attorney for review of disclosure denials, District Attorney Orders to grant or deny disclosure, correspondence, and related documentation. (Minimum retention:

(a) Approved requests: 2 years

(b) Denied requests: 2 years after last action)

(14) State Breathalyzer Permits: Series documents the maintenance of copies of the state breathalyzer permits issued to local law enforcement personnel by the state to perform breathalyzer tests. Information includes name of individual permit issued to, date of issuance, and expiration date. (Minimum retention: Retain most current copy)

Or. Admin. Code § 166-150-0095

OSA 4-2004, f. & cert. ef. 9-1-04; OSA 1-2014, f. & cert. ef. 2-25-14

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005-192.170 & 357.805-357.895