400 - Destruction of Records

400 - Destruction of Records

Following is a summary of the provisions relating to destruction of county records, beginning with General Provisions, followed by more specific provisions arranged by department affected.

GENERAL PROVISIONS:

Government Code Section 26201: (1963)

Type of Record: Any duplicate record, paper or document

When May Destroy: At any time

Conditions: Original or permanent photographic reproductions in county files; authorization of board of supervisors

Government Code Section 26201: (1963)

Type of Record: Duplicate or copy of notice to or promise to appear in court

When May Destroy: 12 months after original has been filed with magistrate

Conditions: Original filed with magistrate or person authorized by magistrate to receive a deposit of bail; authorization of board of supervisors

Government Code Section 26202: (1963)

Type of Record: Any record, paper or document

When May Destroy: If more than 2 years old

Conditions: If prepared or received in a manner other than pursuant to county charter or state statute; by order of board of supervisors. No copy need be retained.

Where prepared or received pursuant to county charter or state statute and not expressly required by law to be filed and preserved: After board determines by 4/5 vote that retention is longer necessary. No copy need be retained.

Government Code Section 26202.1: (1957)

Type of Record: Unaccepted bid or proposal for construction or installation of any building, structure, bridge, highway or other public work

When May Destroy: If more than 5 years old

Conditions: By authorization of board of supervisors

Government Code Section 26202.5: (1982)

Type of Record: Any record, paper or document inadvertently exposed to asbestos fiber in a quantity which presents a health and safety risk to document handlers

When May Destroy: No time specified

Conditions: By authorization of board of supervisors by 4/5 vote; and if board determines the risk to document handlers is greater than the benefit of retention of the records, or that the cost of sterilizing the records far exceeds their value. Board decision shall be final.

Government Code Section 26202.6: (1981)

Type of Records: Recordings of telephone and radio communications maintained by county departments, the public safety communications center or special districts

When May Destroy: After 100 days

Conditions: Not withstanding Government Code Sections 26202, 26205, and 26205.1, upon approval of the legislative body, and with written consent of the agency attorney. If recordings are evidence in any claim filed or in pending litigation, such recordings shall be preserved until litigation is resolved.

Government Code Section 26205: (1989)

Type of Record: Any record, paper or document

When May Destroy: No time specified

Conditions: If record, etc. is not expressly required by law to be filed and preserved; and if reproduced and copy is stored in compliance with Government Code Section 26205; by order of the board of supervisors

Government Code Section 26205.1(a), (b),(d): (1989)

Type of Record: Non judicial public records, documents, instruments, books and papers

When May Destroy: No time specified

Conditions: If (1) board of supervisors has adopted a resolution authorizing the county officer having custody of the records to destroy them pursuant to Government Code Section 26205.1(a) (Resolution may impose conditions in addition to those specified in this subdivision.); and if (2) the county officer who destroys such records pursuant to this subdivision shall maintain for public use a photographic or micro photographic film, electronic recorded video production, a record contained in the electronic data-processing system, a record recorded on optical disk or recorded by any other medium which does not permit changes to the original document; and if (3) the device used for reproducing is one which accurately reproduces the original and which does not permit changes to the original.

Nos. 2 and 3 above do not apply to records prepared or received other than pursuant to a state statute or county charter, or records not expressly required by law to be filed and preserved.

Not withstanding any other provision of this section, destruction of original records, etc. is not authorized when reproduction is by electronically recorded video images on magnetic surfaces unless a duplicate videotape is separately maintained. A duplicate of a record contained in the electronic data-processing system, or optical disk, or on any other medium which does not permit changes to the original, shall be separately maintained.

ASSESSOR

Revenue and Taxation Code Section 465: (1968)

Type of Record: Any document containing information obtained from

Taxpayers

When May Destroy: 7 years since lien date for taxes for which information was obtained

Conditions: Provided that the documents may be destroyed when 3 years have elapsed since the lien date, when such documents have been microfilmed

Revenue and Taxation Code Section 2928: (1961)

Type of Record: Any original unsecured roll containing the information set forth in the delinquent roll or in an abstract list

When May Destroy: When roll or abstract list is more than 5 years old

Conditions: By board order. Delinquent roll or abstract list must first be certified as correct and complete by the auditor. On destruction, any taxes on any property or any interest thereon which became delinquent but do not appear on the delinquent roll or abstract list are conclusively presumed paid and the delinquency satisfied, pursuant to Revenue and Taxation Code Section 2928.1.

AUDITOR-CONTROLLER

Government Code Section 24051: (1967)

Type of Record: Inventories submitted by county officers or persons in charge of any county office, department, service or county institution, each officer of a judicial district, each judge or the clerk, secretary or administrative officer of each court of record and the executive head of each special district whose affairs and funds are under the supervision and control of the board of supervisors or for which the board is ex- officio the government body showing property in his or her possession or charge

When May Destroy: After on file for 5 years or more

Conditions: By board order (A true copy of the inventory must be delivered by the person making it to his or her successor in office.)

Government Code Section 24356: (1986)

Type of Record: Records required to be submitted to auditor by county officers pursuant to Government Code Section 24352, on collection of money and payment into county treasury pursuant to Government Code Sections 24350 and 24353

When May Destroy: 5 years from date filed with auditor

Conditions: In accordance with Government Code Section 26907

Government Code Section 26907: (1985)

Type of Record: County, school, or special districts claim, warrant or other paper issued as a warrant voucher

When May Destroy: If more than 5 years old; or at any time, after the following conditions are met:

Conditions*: Not withstanding Government Code Sections 26201, 26202, or 26205, documents must be photographed, micro photographed, reproduced by electronically recorded video images on magnetic surfaces, or reproduced on film approved for permanent photographic records by the National Bureau of Standards. Documents may be destroyed at any time if copy is kept for 5 years from date of document.

* Conditions do not apply to documents more than 5 years old.

Government Code Section 26907: (1985)

Type of Record: Index or warrant register

When May Destroy: At any time

Conditions: A photographic record of the index or warrant register must be made before destruction of such document or register if it is less than 15 years old. No photographic record is needed if the document is more than 15 years old.

Government Code Section 26907.1: (1957)

Type of Record: County, school or special district bonds or coupons which have been canceled or paid

When May Destroy: Not less than 5 years since bonds or coupons were canceled or paid

Conditions: None

Government Code Section 26907.2: (1963)

Type of Record: Copies of any county deposit permits or deposit receipts issued by county auditor

When May Destroy: If more than 5 years old

Conditions: By authorization of the board of supervisors

Revenue and Taxation Code Section 4377: (1979)

Type of Record: Delinquent tax roll and original secured role upon which it is based containing the information set forth in abstract list. Exception: Abstract list prepared under Revenue and Taxation Code Section 4373,or its photographic record shall be retained by the tax collector at least 2 years after the lien has been removed.

When May Destroy: If more than 12 years old

Conditions: Do not destroy original Secured Tax Role for fiscal year 1912/13; destroy only upon order of board of supervisors; abstract list must first be certified as correct and complete by auditor.

BOARD OF SUPERVISORS

Government Code Section 26201: (1963)

Type of Record: Any duplicate record, paper or document

When May Destroy: At any time

Conditions: Original or permanent photographic reproductions in county files; authorization of board of supervisors

Government Code Section 26201: (1963)

Type of Record: Duplicate or copy of notice to or promise to appear in court

When May Destroy: 12 months after original has been filed with magistrate

Conditions: Original filed with magistrate or person authorized by magistrate to receive a deposit of bail; authorization of board of supervisors

Government Code Section 26202: (1963)

Type of Record: Any record, paper or document

When May Destroy: If more than 2 years old

Conditions: If prepared or received in a manner other than pursuant to county charter or state statute; by order of board of supervisors. No copy need be retained.

Government Code Section 26202.1: (1957)

Type of Record: Unaccepted bid or proposal for construction of installation of any building, structure, bridge, highway or other public work

When May Destroy: If more than 5 years old

Conditions: By authorization of board of supervisors

Government Code Section 26202.5: (1982)

Type of Record: Any record, paper or document inadvertently exposed to asbestos fiber in a quantity which presents a health and safety risk to document handlers

When May Destroy: No time specified

Government Code Section 26205.1(a),(b),(d): (1989)

Type of Record: Non judicial public records, documents, instruments, books and papers

When May Destroy: No time specified

No. 2 and 3 above do not apply to records prepared or received other than pursuant to a state statute or county charter, or records not expressly required by law to be filed and preserved.

Notwithstanding any other provision of this section, destruction of original records, etc. is not authorized when reproduction is by electronically recorded video images on magnetic surfaces unless a duplicate videotape is separately maintained. A duplicate of a record contained in the electronic data-processing system, or optical disk, or on any other medium which does not permit changes to the original, shall be separately maintained.

Government Code Section 29940: (1947)

Type of Record: Unsold bonds issued for county purposes

When May Destroy: After 2 years from date of any election authorizing the bond issuance

Conditions: Upon determination by board of supervisors that the sale of remaining unsold bonds is inexpedient; and upon board order; and destruction shall be pursuant to Government Code Section 29940, et seq.

CORONER

Government Code Section 27463.5: (1975)

Type of Record: Original official file for each deceased person in lieu of coroner's register

When May Destroy: At any time after completion of coroner's investigation and the closing of the particular case involved

Conditions: Photograph or microphotograph the contents of file in accordance with provisions of Government Code Section 26205 and place in conveniently accessible files. Make provisions for preserving, examining, and using the same. Authorization of the board of supervisors is required under Government Code Section 26205. NOTE: Section 27463.5 does not authorize the destruction of "Coroner's Registers". (See Government Code Section 27463.)

COUNTY ADMINISTRATIVE OFFICER-CLERK OF THE BOARD

Government Code Section 25105 (1989) provides, in part, that the board of supervisors may authorize the making of reproductions of all records, books and minutes of the board and that such reproductions shall be deemed and considered originals. (See statute for specifics.) However, this section does not authorize the destruction of the records, books and minutes of the board.

Government Code Section 25105.5: (1985)

Type of Record: Assessment appeals applications; claims against the county or special districts for which the board of supervisors is the governing body

When May Destroy: When documents have been retained by the clerk for not less than 5 years after final action on the application or claim. As used in this section, "final action" means date of final decision by Assessment Appeals Board, or in case of a claim, the date of payment or settlement of claim, or denial or approval of claim by board of supervisors, or by operation of law, whichever occurs first.

Conditions: If there is no action pending involving application or claim, clerk of the board may destroy documents in compliance with this section without complying with any other provisions of law.

Government Code Section 50115: (1985)

Type of Record: Any paper or document filed with or submitted to

the board of supervisors

When May Destroy: More than 1 year after document's filing or submission to board

Conditions: If no other provision of law requires a longer retention period, and if the board doesn't determine there is a need for the document's retention. In determining whether there is a need for retention, consideration shall be given to factors such as future public need, the effect of statutes of limitations, and historical significance.

COUNTY CLERK

Elections Code Section 402: (1977)

Type of Record: Spoiled affidavits of (voter) registration

When May Destroy: Affidavits shall not be destroyed.

Conditions: Name and residence of elector for whom it was intended shall be entered on the stub, and stubs and affidavits are each marked with the word "spoiled".

Elections Code Section 611.1: (1987)

Type of Record: Data-processing tape file of index by precinct of all people voting in the previous statewide general election

When May Destroy: County clerk shall maintain this file until the next November general election in an even-numbered year.

Conditions: (This section does not provide for destruction of the index in forms other than the data-processing tape file.)

Elections Code Section 702: (1976)

Type of Record: Un cancelled affidavits of (voter) registration

When May Destroy: County clerk shall preserve affidavits. (No provision is made in this section for destruction.)

Conditions: None

Elections Code Section 703: (1989)

Type of Record: Canceled affidavits of (voter) registration

When May Destroy: Preservation shall occur as required in Elections Code Section 14500.

Conditions: See Elections Code Section 14500.

Elections Code Section 10003: (1980)

Type of Record: Ballot paper or punch cards furnished or released by Secretary of State for specific election

When Shall Destroy: No time specified

Conditions: If ballot paper or punch cards were not used in the election they were specified for, were not authorized in writing for retention for further elections, or were not returned to Secretary of State: Authorization for storage, if obtained, shall include amount to be stored for audit controls. If destroyed, certificate of destruction setting forth the date of destruction and amount of ballot paper or punch cards destroyed shall be transmitted to Secretary of State.

Elections Code Section 14500: (1987)

Type of Record: Canceled original affidavits of registration

When May Destroy: When affidavits are 5 or more years old (originals)

Conditions: If filmed or recorded in other suitable method, clerk may destroy the canceled affidavits following the first general election after the date of cancellation.

Elections Code Section 14510: (1987)

Type of Record: Copy of index to affidavits of registration described in Elections Code Section 600

When May Destroy: Copy of index shall be kept on file as a public record for election, political research a governmental purposes for 5 years. (Section does not specifically provide for subsequent destruction.)

Elections Code Section 14600: (1987)

Type of Record: All nomination documents and signatures in lieu of filing fee petitions

When Shall Destroy: As soon as practicable after 4 years after the expiration of the term of office to which they relate

Conditions: If they are not in evidence in an action/ proceeding then pending, and if the elections official has not received written request that the documents be preserved (as specified in Elections Code Section 14600(b))

Elections Code Section 14700: (1987)

Type of Record: Initiative or referendum (statewide, county or municipal initiative and referendum petitions); municipal city charter amendment petitions; district initiative and referendum petitions

When Shall Destroy: As soon as practicable after 8 months after certification of results of election for which petition qualified, or if measure isn't submitted to the voters, 8 months after final examination of petition by elections official

Conditions: If they are not in evidence in an action/ proceeding then pending; and if elections official has not received written request that the documents be preserved (as specified in Elections Code Section 14700(b))

Elections Code Section 14800: (1987)

Type of Record: Roster of voters or combined rosters and indexes as provided for in Elections Code Section 14006

When May Destroy: 5 years after election (or see following section)

Conditions: None

Elections Code Section 14800: (1987)

Type of Record: Roster of voters or combined rosters and indexes as provided for in Elections Code Section 14006

When May Destroy: After the next general election

Conditions: If original roster is filmed or recorded in another suitable method

Elections Code Section 14810: (1988)

Type of Record: Ballot packages for elections of President, Vice President, U.S. Senators or U.S. Representatives containing: voted polling place and voted absent voter ballots; absent voter identification envelopes; spoiled and canceled ballots; unused absent voter ballots surrendered by voters pursuant to Elections Code Section 1012; ballot receipts

When May Destroy or Recycle: After 22 months subsequent to date of declaration of the result of the election

Conditions: If neither a contest nor criminal prosecution involving specific fraudulent treatment of ballots (as specified in Election Code Section 14811) is commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received.

Elections Code Section 14811: (1988)

Type of Record: Ballot packages for all state or local elections not provided for in Elections Code Section 14810(a), (Elections in which votes for candidates for federal office may not be cast on the same ballot as votes for state or local candidates.) packages which contain: voted polling place and voted absent voter ballots; absent voter identification envelopes; spoiled and canceled ballots; unused absent voter ballots surrendered by voters pursuant to Elections Code Section 1012; ballot receipts.

When May Destroy or Recycle: After 6 months subsequent to the date of declaration of election results

Conditions: If neither a contest nor criminal prosecution involving fraudulent treatment of ballots (as specified in Elections Code Section 14811) is commenced within the 6 months, either of which may involve the vote of the precinct from which voted ballots were received.

Elections Code Section 14820: (1988)

Type of Record: Packages for elections of President, Vice President, U.S. Senators, or U.S. Representatives containing: 2 tally sheets; copy of index used as voting record; challenge lists; assisted voters list

When May Destroy

or Recycle: After 22 months

Conditions: If neither a contest nor criminal prosecution involving fraudulent treatment of ballots (as specified in Elections Code Section 14820) is commenced within the 22-month period, either of which may involve a vote of the precinct from which voted ballots were received.

Elections Code Section 14821: (1988)

Type of Record: Packages for all state or local elections not provided for in Elections Code Section 14820(a), (Elections in which votes for candidates for federal office may not be cast on the same ballot as votes for state or local candidates.) packages which contain: 2 tally sheets; copy of index used as the voting record; challenge lists; assisted voters list.

When May Destroy

or Recycle: After 6 months

Conditions: If neither a contest nor criminal prosecution involving fraudulent treatment of ballots (as specified in Elections Code Section 14821) is commenced within the 6-month period, either of which may involve a vote of the precinct from which voted ballots were received

Elections Code Section 14830: (1987)

Type of Record: Ballot cards for elections of President, Vice President, U.S. Senators, or U.S. Representatives

When May Destroy: After 22 months or, for any contest involving the vote at the election, after determination of the contest

Conditions: Notwithstanding any other provision of the Elections Code, the final disposition of all voted ballot cards shall be determined by the elections official.

Elections Code Section 14831: (1987)

Type of Record: Ballot cards for all state or local elections not provided for in Elections Code Section 14830(a) (Elections where votes for candidates for federal office may not be cast on the same ballot as votes for state or local candidates.)

When May Destroy: After 6 months, or, for any contest involving the vote at the election, after the determination of the contest.

Conditions: Notwithstanding any other provision of the Elections Code, the final disposition of voted ballot cards shall be determined by the elections official.

Elections Code Section 14900: (1987)

Type of Records: Recall petitions

When Shall Destroy: As soon as practicable after 8 months from results of election for which petition qualified, or, if no election is held, 8 months after clerk's final examination of petition

Conditions: If it is not in evidence in some action or proceeding pending; and if elections official has not received a written request from the Attorney General, Secretary of State, Fair Political Practices Commission, a district attorney, grand jury, or the governing body of a county, city and county, city or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, or into a violation of the Political Reform Act of 1974.

Elections Code Section 14970: (1981)

Type of Record: From elections where candidates for President, Vice President, U.S. Senators, or U.S. Representatives are being voted on: precinct officers' declaration of intention required by Elections Code Section 1637; precinct board member applications specified in Elections Code Section 1637.5; order appointing members of several precinct boards and designating the polling places specified in Elections Code Section 1638; nominations for appointment to the precinct board by the county central committee of each qualified political party specified in Elections Code Section 1639; written orders appointing precinct board members or designating polling place for precinct pursuant to Elections Code Section 1648.

When May Destroy: Records shall be preserved for 22 months from

Election date. (Section does not specifically provide for destruction of records.)

Conditions: None

Elections Code Section 14971: (1987)

Type of Record: From all state or local elections not provided for in Elections Code Section 14970(a) (An election is not deemed "state" or "local" if votes for candidates for federal office may be cast on same ballot as votes for candidates for state or local office.): precinct officers' declaration of intention required by Elections Code Section 1637; precinct board member applications specified in Elections Code Section 1637.5; order appointing members of several precinct boards and designating the polling places specified in Elections Code Section 1638; nominations for appointment to the precinct board by the county central committee of each qualified political party specified in Elections Code Section 1639; written orders appointing precinct board members or designating polling place for precinct pursuant to Elections Code Section 1648.

When May Destroy: Records shall be preserved until 6 months from election date. (Section does not specifically provide for destruction of records.)

Conditions: None

Elections Code Section 17134: (1975)

Type of Record: Package containing voted election ballots

When May Destroy: After final determination of any contests or criminal prosecution

Conditions: Package is subject to the order of the court in which contest or criminal prosecution is pending.

Elections Code Section 17136: (1987)

Type of Record: Unused ballots remaining in control of the clerk

When May Be Recycled: After holding the ballots for the purposes of Elections Code Division 10 (Sections 14000, et seq.), immediately upon the hour polls are required to close

Conditions: Notwithstanding any other provision of law, recycling for any other lawful purposes may occur of ballots, which clearly identify election for which they were prepared, in lieu of procedure in Elections Code Section 14306. Clerk shall file written affidavit as to the number of ballots recycled.

Health and Safety Code Section 10064: (1985)

Type of Record: Copies of registration of births and deaths

When May Destroy: After 1 year from date of registration

Conditions: Retention period is 1 year, provided that the State Registrar has the original copies and approves and supervises disposal, and that the copies are on file with the county recorder. Disposal pursuant to Health and Safety Code Section 10064 is notwithstanding any other law to the contrary.

Civil Code Section 4213.2: (1982)

Type of Record: Original certificates of confidential marriages

When May Destroy: After 1 year from date of filing

Conditions: If certificates are microfilmed, and if original negative of each micro photographic film is made, sealed and stored as to assure its preservation indefinitely against loss, theft, defacement or destruction. Microphotograph must be made in compliance with minimum standards of quality approved by National Bureau of Standards. Every reproduction shall be deemed an original. A certified copy of any reproduction shall be deemed a certified copy.

Civil Code Section 4307: (1969)

Type of Record: Certificate (of premarital examination) forms and court orders (to issue marriage license without certificate)

When May Destroy: After 1 year from date of filing

Conditions: None

Business and Professions Code Section 17927: (1986)

Type of Record: Original fictitious business name statements; statements of abandonment of use of fictitious business name; statements of withdrawal from partnership operating under fictitious name

When May Destroy: Fictitious business name statement: 4 years after statement expires. Abandonment of use or statement of withdrawal: When fictitious business name statement to which it relates is destroyed pursuant to Business and Professions Code Section 17927(a).

In lieu of retaining original statement on file, a copy may be retained in accordance with Government Code Section 69844.5.

Conditions: None

Government Code Section 8213: (1988)

Type of Record: Notary oaths of office

When May Destroy: 1 year after term of the commission expires

Conditions: None

Government Code Section 8209: (1982)

Type of Record: Records of any notary public who has died, resigned, been disqualified, been removed from office, or allowed his or her appointment to expire without reappointment within 30 days

When May Destroy: After 10 years from date of deposit with the county clerk

Conditions: Upon order of the court, and if no request for, or reference to such records has been made

Government Code Section 24051: (1967)

When May Destroy: After on file for 5 years or more

Conditions: By board order (A true copy of the inventory must be delivered by the person making it to his or her successor in office.)

Government Code Section 26205.1(c): (1989)

Type of Record: Original or copies of articles of any corporation ("articles" includes articles of incorporation, amendments thereto, amended articles, restated articles, certificate of incorporation, certificates of determination of preferences, dissolution certificates, merger certificates and agreements of consolidation or merger)

When May Destroy: No time specified

Conditions: None

Government Code Section 26809: (1986)

Type of Record: Any paper or document filed with or submitted to county clerk more than 1 year previously

When May Destroy: 1 year after paper or document is filed with or submitted to county clerk

Conditions: Unless another provision requires a longer retention period, if county clerk determines there is no need for its retention. Consideration shall be given to such factors as future public need, the effect of statutes of limitation and historical significance.

Government Code Section 27207: (1967)

Type of Record: Any or all filed papers or record books created under Land Title Law (repealed 1955)

When May Destroy: No time specified

Conditions: At the request of county recorder; and by authorization of the board of supervisors; and after compliance with Government Code Section 26205.5(a) through (d).

Government Code Section 69955: (1974)

Type of Record: Reporting notes of both official and pro tempore court reporters, whether kept by reporter on direction of the court or filed with the clerk of the court on order of the court

When May Destroy: After 5 years from taking notes

Conditions: By order of the court. Destruction may only be by clerk of the court, rather than by an official or pro tempore court reporter.

SUPERIOR COURT

Code of Civil Procedure Section 1952: (1984)

Type of Record: Exhibit or deposition in civil proceeding

When May Destroy: Upon final determination or dismissal of the action or proceeding

Conditions: By order of the court on its own motion

No exhibit or deposition shall be ordered destroyed or disposed of pursuant to this section until 60 days after notice of proposed action has been mailed by clerk to attorneys of records and to all parties without an attorney of record.

Notice is complete upon mailing of notice by the clerk to the attorney or to the party, if he or she has no attorney, at his or her last address shown in the file. Notice may also be given by the clerk by indicating on Notice of Entry of Judgment that if no appeal is filed the court may order exhibit or deposition destroyed after 60 days from expiration of appeal time.

No such exhibit or deposition shall be ordered destroyed or disposed of pursuant to this section if a party to the proceeding files written notice with the court requesting the preservation of any exhibit or deposition for a stated time, not to exceed 1 year. Exhibit or deposition may be destroyed after that time unless another notice is filed.

Code of Civil Procedure Section 1952.3: (1985)

Type of Record: Exhibit or deposition in civil action or proceeding

When May Destroy: 5 years after time for appeal expires if appeal is not taken, or 5 years after final determination of appeal if appeal was taken, or 5 years after any of the following: (a) motion for new trial granted and memo to set has not been filed, or motion to set for trial has not been made within such 5 years; (b) Filing of remittitur, where after appeal action has been remanded to trial court for new trial and same has not been brought to trial within 5 years of filing of remittitur; (c) Dismissal of such action or proceeding*.

Conditions: By order of the court on its own motion and entry There of made in the registers of actions, and notwithstanding any other provision of the law

No such exhibit or deposition shall be ordered destroyed or disposed of pursuant to this section if a party to the proceeding files written notice with the court requesting the preservation of any exhibit or deposition for a stated time, not to exceed I year. Exhibit or deposition may be destroyed after that time unless another notice is filed.

* Any sealed file shall be retained at least 2 years after date that destruction would otherwise be authorized by this statute.

NOTE: Code of Civil Procedure Section 1952.2 (1984) 1 authorizes the court to return exhibits and depositions to the attorneys for the parties at the expiration of the appeal period. See "Review of Selected 1969 Code Legislation" pages 94 and 95 for a discussion of the application of Sections 1952, 1952.2 and 1952.3 of the Code of Civil Procedure. It is there pointed out that Section 1952.3 does not require that notice be given to attorneys which provision is contained in Section 1952.

Code of Civil Procedure Section 1952.3: (1985)

Type of Record: Exhibit or deposition that remains in the custody of the court or clerk 10 years after introduction or filing of the action or proceeding

When May Destroy: After 10 years from the introduction or filing of action or,

Conditions: If in discretion of the court, exhibit or deposition should be disposed of or destroyed. Order shall be entered in registers of action.

No such exhibit or deposition shall be ordered destroyed or disposed of pursuant to this section if a party to the proceeding files written notice with the court requesting the preservation of any exhibit or deposition for a stated time, not to exceed 1year. Exhibit or deposition may be destroyed after that time unless another notice is filed.

* Any sealed file shall be retained at least 2 years after date that destruction would otherwise be authorized by this statute.

Government Code Section 69503: (1989)

Type of Record: All papers in a regular civil case (any civil action or proceeding for damages or specific relief, except for: probate, water rights, land title, domestic relations, adoption, mental health and juvenile matters) filed or lodged in a Superior Court action or proceeding.

When May Destroy: 1 year after case is closed*

Conditions: Notwithstanding any other provisions of law regarding destruction of court records; and if a case has been closed*; and if papers** have not been designated for sampling (See Government Code SS 69503(e).); and if all of the following have been micro formed***: Judgment and Stipulation for Judgment; Dismissal Order; Satisfaction of Judgment; Confessions of Judgment; Request for Default.

*, **, *** See page 33.

Upon application by a party for preservation of a record, presiding judge may order papers micro formed prior to destruction, costs to be borne by applicant. Papers are given to party and micro formed copy is retained by court.

Clerk of court shall store at least one original of each micro formed copy as to assure its preservation indefinitely.

Destruction shall be in accordance with Government Code 5 69503.4, which provides for notice of intention to destroy records to various entities. (See below.)

Government Code Section 69503: (1989)

Type of Record: All papers** of domestic relations case (for dissolution, separation, paternity, harassment, child or spousal support, or a uniform reciprocal enforcement of support action) filed or lodged in a Superior Court action or proceeding.

When May Destroy: 5 years after case is closed*

Conditions: Notwithstanding any other provision of law regarding destruction of court records; and if a case has been closed; and if papers have not been designated for sampling (See Government Code Section 69503(e).); and if all of the following have been micro formed***: Petition, Interlocutory Judgment of Dissolution, Final Judgment, Order or Modification signed by judge which amends Interlocutory or Final Judgment, Financial Declaration, Confession of Judgment, reciprocal support document, Minute Order.

Upon application by a party for preservation of a record, presiding judge may order papers micro formed prior to destruction, costs to borne by applicant. Papers are given to party and micro formed copy is retained by court.

Clerk of court shall store at least one original of each micro formed copy as to assure its preservation indefinitely.

*, **, *** See page 33.

Destruction shall be in accordance with Government Code Section 69503.4which provides for notice of intention to destroy records to various entities. (See below.)

Government Code Section 69503: (1989)

Type of Record: Transcripts of preliminary hearing or coroner's inquests, and depositions filed or lodged in a Superior Court action or proceeding

When May Destroy: 3 years since filing

Conditions: Notwithstanding any other provision of law regarding destruction of court records; and if a case has been closed*; and if papers** have not been designated for sampling (See Government Code SS 69503(e).); and if entire document is micro formed***.

Clerk of court shall store at least one original of each micro formed copy as to assure its preservation indefinitely.

Destruction shall be in accordance with Government Code SS 69503.4, which provides for notice of intention to destroy records to various entities. (See below).

Government Code Section 69503: (1989)

Type of Record: All papers** and any not delivered pursuant to Probate Code Section 320 in any other Superior Court action or proceeding not otherwise provided for in Government Code SS 69503

When May Destroy: 5 years after case is closed*

Conditions: Notwithstanding any other provisions of law regarding destruction of court records; and if a case has been closed*; and if papers have not been designated for sampling (See Government Code Section 69503(e).); and if all documents have been micro formed***.

Clerk of court shall store at least one original of each micro formed copy as to ensure its preservation indefinitely.

Destruction shall be in accordance with Government Code Section 69503.4, which provides for notice of intention to destroy records to various entities.

(See Page 33)

Government Code Section 69503: (1989)

Type of Record: Any will delivered pursuant to Probate Code Section 320 in Superior Court proceedings

When May Destroy: 8 years after delivery of will

Conditions: Notwithstanding any other provision of law regarding destruction of court records; and if no case connected with the will has been filed; and if papers have not been designated for sampling (See Government Code Section 69503(e).); and if entire document has been micro formed***.

Clerk of court shall store at least one original of each micro formed copy as to ensure its preservation indefinitely. Destruction shall be in accordance with Government Code Section 69503.4, which provides for notice of intention to destroy records to various entities. (See below.)

Government Code Section 69503(e) (1989) provides for a scientifically valid sampling of judicial records to be preserved for historical or other research.

See code for specifics.

* As used in Government Code Section 69503, "closed" means dismissal or final judgment has been entered and the case file contains no indication that any hearing is to be scheduled and case is not on appeal or subject to review in any court.

** As used in Government Code Section 69503, "papers" means documents, pleadings, motions, instruments, books, depositions, transcripts, minute orders, case folders, and other similar written material filed or lodged with clerk of Superior Court in connection with actions or proceedings. "Papers" DOES NOT INCLUDE evidentiary exhibits, court management records, such as indexes, or micro formed records.

*** As used in Government Code Section 69503,"microform" means permanent preserving and certifying in accordance with Evidence Code Section 1531 an exactly reproducible image of a document, by microfilm, microfiche, electronic, laser disk or other accepted method to allow the public convenient access to a record and to copying a record.

Government Code Section 69503.1: (1987)

Type of Record: Any records, papers, case files and exhibits in any Superior Court action or proceeding, except records of probate, real property, juvenile, criminal or adoption actions or proceedings. Exceptions: minute book entries, minute books and judgment books may not be destroyed unless microfilmed in accordance with Government Code Section 69503.

When Play Destroy: After 30 years from the filing of any paper in the action or proceeding

Conditions: Notwithstanding Government Code Section 69503 or any law regarding destruction of court records, except the provisions of this section and Government Code Section 69503.2; and when records of the county clerk do not show an appeal pending; and if clerk gives notice of proposed disposition to Secretary of State, and Secretary does not request records within 60 days, county clerk may destroy them.

Government Code Section 69503.1: (1987)

Type of Record: Case files of dismissed Superior Court civil actions, except records of probate, real property, juvenile, criminal or adoption action or proceedings

When May Destroy: 7 years after dismissal

Conditions: If notice of proposed disposition is given to Secretary of State prior to disposition, and Secretary of State does not request the records within 60 days, county clerk may destroy them.

Government Code Section 69503.1: (1987)

Type of Record: Case files of Superior Court civil actions for tortuous personal injury or for wrongful death for cases not dismissed, except records of probate, real property, juvenile, criminal or adoption proceedings. Exception: For actions involving filing of petition pursuant to C.C.P. SS 372.

When May Destroy: 15 years after final judgment

Conditions: If no action is pending or under appeal, judgment has not been enjoined, or time in which to enforce judgment has not been extended by court order or by operation of law.

Government Code Section 69503.2: (1988)

Type of Record: All records and papers in any Superior Court civil action dismissed pursuant to C.C.P. 5 583.210, 583.310, or 583.410, or upon request of plaintiff

When May Destroy: After notice of dismissal advises plaintiff that no microfilm will be made

Conditions: If no document other than the request for dismissal has been filed subsequent to the complaint (It is unclear from the statute whether a court order is necessary for destruction of these records, and whether a period of 60 days from the date of the order is necessary before destruction.)

If court record is disposed of under this section, clerk shall enter the information on the index as pursuant to Government Code Section 69842 or on a separate dismissal index.

Government Code Section 69503.4 (1989) requires that prior to destruction of any court papers and records open to public inspection, the clerk of the Superior Court give notice to: Secretary of State; any city or county museum in the county; any law school in the state accredited by the State Bar; any university or college in California.

It provides for discontinuing notice of entities which respond in writing that they do not wish possession of records now or in the future.

If any entities request the records within 60 days of the mailing of the notice, records shall be permanently transferred upon written order of the presiding judge, unless request is denied for good cause. Costs to be borne by requesting party.

If no request for transfer has been received within 6 months, or for historical records as provided for in Government Code Section 69503, 2 years after mailing of notice, clerk may destroy those records not designated for sampling as provided for in Government Code Section 69503(e), per written order of presiding judge. Clerk shall enter destruction information on the index per Government Code Section 69842, or on a separate destruction index.

Government Code Section 69503.5: (1989)

Type of Record: Statement or transcript on appeal from Municipal or Justice Court on file in Superior Court appellate department

When May Destroy: 5 years after decision becomes final

Conditions:

Notwithstanding any other provision of the law, and by order of presiding judge of Superior Court appellate department. No micrographic print or copy is required.

Government Code Section 69504.6: (1989)

Type of Record: Pleadings, motions, instruments, books, depositions, transcripts, minute orders and any other material on file with Superior Court

When May Destroy: In compliance with Government Code Section 69503

Conditions: Notwithstanding any other provisions of law, and if recorded on microform as defined in Government Code Section 69503, including electronic imaging equipment. No changes to original report are permitted. Originals may be destroyed in compliance with Government Code Section 69503.

Government Code Section 69844.5: (1953)

Type of Record: Minute books, judgment books, orders and decrees in Superior Court

When May Destroy: In lieu of keeping, clerk may photograph, microphotograph or photocopy (no time limit specified), but this section does NOT authorize destruction of originals

Conditions: If copying is in compliance with minimum standards of National Bureau of Standards; if copies are properly indexed, preserved and kept accessible; and if duplicate of each microfilm roll is kept in a safe and separate place

Government Code Section 69845: (1987)

Type of Record: Entire register of actions (in Superior Court) or portions deemed unnecessary by the clerk

When May Destroy: No time specified

Conditions: If clerk determines the register is not necessary in order to conduct the business of the clerk's office, register may be destroyed without copying, if the clerk has given prior notice of proposed destruction to Secretary of State, who shall have 60 days to request transfer of the records.

Health and Safety Code Section 11361.5(a),(c): (1984)

Type of Record: Records of any court of California or any public agency that provides services upon referral under Penal Code Section 1000.2, or records of any local public agency pertaining to the arrest or conviction of a person for violation of Health and Safety Code Sections 11357(b), (c), (d) or (e), or of Health and Safety Code Section 11360(b) (See also Health and Safety Code Section 11361.5(d).)

When Shall Destroy: 2 years from date of convictions, or from date of arrest if there was no conviction. Exception: Regarding records of a violation of Health and Safety Code Section 11357(e), records shall be retained until offender reaches age 18.

Conditions: Destruction shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction; and record shall be prepared again so it appears that arrest or conviction never occurred. But where the only entries upon the record pertain to the arrest or conviction and the record can be destroyed without necessarily effecting destruction of other records, then document constituting the record shall be physically destroyed.

This subdivision does not apply to records of any conviction occurring before January 1, 1976, or records of any arrest not followed by a conviction occurring before that date.

Health and Safety Code Section 11361.5(d): (1984) Notwithstanding Health and Safety Code Section 11361.5(a) or (b), written transcription of oral testimony in court and published judicial appellate reports are not subject to this section. And no records shall be destroyed per Health and Safety Code Section 11361.5(a) if defendant has filed a civil action against the arresting law enforcement jurisdiction or jurisdiction that instituted prosecution, and if the agency that is custodian of the records has received a certified copy of the complaint, until the action has been resolved. Destruction of these records subject to Health and Safety Code Section 11361.5(a) shall occur immediately after final resolution of the civil action, pursuant to Health and Safety Code Section 11361.5(c) if more than 2 years

Penal Code Section 1269: (1955)

Type of Record: Bail bonds in Superior, Municipal or Justice Courts

When Shall Destroy: After 3 years since exoneration or release of bail

Conditions: Affidavit or testimony in open court that more than 3 years have elapsed since exoneration or release of the bail, and by direction of the court

Penal Code Section 1417: (1985)

Type of Record: All exhibits in any criminal action or proceeding

When Shall Destroy or Dispose Of: After final determination of action or proceeding (See Penal Code Section 1417.1.)

Conditions: As provided for in Penal Code Section 1417 through 1417.7 (See below.)

Penal Code Section 1417.1:(1985) For the purposes of these sections pertaining to destruction of exhibits in a criminal action or proceeding, the date when such action or proceeding becomes final is: (a) When no notice of appeal is filed, 30 days after last day for filing that notice; (b) When notice of appeal is filed, 30 days after date on which clerk of court receives remittitur affirming the judgment; (c) When order for rehearing, new trial, or other proceeding is granted, and the ordered proceedings have not commenced within 1 year, 1 year after date of that order; (d) In cases where a death penalty is imposed, 30 days after the date of execution of sentence.

Penal Code Section 1417.3: (1986)

Type of Record: Any exhibits in any criminal action or proceeding which pose a security, storage, safety or health problem, as recommended by the clerk of court

When Shall Return (to party offering them): At any time prior to final determination or action or proceeding

Conditions: By order of the court and in compliance with Penal Code Section1417.7. If exhibit is by nature sever able, court may order clerk to retain a portion of exhibit and shall order clerk to return the rest to the district attorney. Clerk shall, on court order substitute a complete photographic record of any part of or full exhibit returned under this section.

Penal Code Section 1417.5(a): (1986)

Type of Record: Except as provided for in Penal Code Section1417.6, all exhibits in a criminal action or proceeding remaining in clerk's possession if applied for by owner of exhibit, by person entitled to possession, or by agent designated in writing by owner.

When Shall Return: 60 days after final determination of action or proceeding (See Penal Code Section 1417.1above.)

Conditions: By court order upon application by above-mentioned person, if release will not prejudice state.

Disposition pursuant to this section must also be in compliance with Penal Code Section 1417.7. (See below.)

Penal Code Section 1417.5(b): (1985)

Type of Record: All exhibits in criminal action or proceeding remaining in clerk's custody not applied for before the date for disposition as provided for in Penal Code Section 1417.5(a)

When Shall Be

Disposed Of: After 60 days after final determination of proceeding (See Penal Code Section 1417.1 above.)

Conditions: Exhibits of stolen or embezzled property, other than money, shall be disposed of by court order as provided for in Penal Code Section 1417.6.

Exhibits of property not stolen or embezzled* or consisting of money shall, unless otherwise provided for in this section, be transferred to appropriate county agency as specified in Penal Code Section 1417.5. If county determines any property is needed for a public use, it may be retained by the county.

Exhibits of money shall be disposed of pursuant to Penal Code Section 1420. Disposition pursuant to this section must also be compliance with Penal Code Section 1417.7.

*If this property is determined by the court to have no value at public sale, it shall be destroyed/disposed of by court order.

Penal Code Section 1417.6: (1985) This section states that the provisions of Penal Code Section 1417.5 shall not apply to dangerous or deadly weapons, narcotic or poisonous drugs, explosives or any property the possession of which is prohibited by law and which was used by the defendant in commission of the crime of which defendant was convicted, or with which defendant was armed or which defendant had upon his or her person at the time of his or her arrest.

Any of this property introduced or filed as an exhibit shall be destroyed or disposed of by court order, by provisions of the order, after 60 days following final determination of the criminal action or proceeding. (See Penal Code Section 1417.1.)

Disposition pursuant to this section shall also be in compliance with Penal Code Section 1417.7.

Penal Code Section 1417.7: (1985) This section states that not less than 15 days before proposed disposition of an exhibit pursuant to Penal Code Section 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney (or other prosecuting attorney), attorney of record for each party, and each party not represented by counsel, of the proposed disposition.

The section provides that before disposition each party may have photographic record taken of the exhibit, to be observed and certified by the clerk and retained for 60 days after final determination of the criminal action or proceeding. (See statute for specifics.) Welfare and Institutions Code Section 826(a): (1981)

Type of Record: Juvenile Court records, including all records and papers, minute book entries, dockets and judgment dockets.

Exception: Exhibits shall be destroyed as provided for in Penal Code Sections 1418, 1418.5, and 1419.

When Shall Destroy or Dispose Of: Destruction: If subject of the record was alleged or adjudged to be a person described by Welfare and Institutions Code Sections 300 or 601 - when the subject reaches age 28. If subject was alleged or adjudged to be a person described by welfare and Institutions Code Section 602 - when subject reaches age 38.

Disposition to subject of records: 5 years after jurisdiction of Juvenile Court has terminated.

Conditions: Destruction: By court order, and if court has not determined records shall be retained, or if record is not released to the subject pursuant to this section.

Disposition to subject of records: If subject of record requests the records by written notice, unless court determines record shall be retained.

Welfare and Institutions Code Section 826(b): (1981)

Type of Record: Juvenile Court records as in Welfare and Institutions Code Section 826(a) retained by an agency other than Juvenile Court.

When Shall Destroy: After destruction or disposition of those Juvenile Court records by court clerk pursuant to Welfare and Institutions Code Section 826(a)

Conditions: By court order, if subject of records discovers another agency retains the record, and if subject petitions the court for destruction of the records, as specified in Welfare and Institutions Code Section 826(b), and if court does not order to the contrary.

Court shall send a copy of order to each agency and agency shall destroy those records in its custody, then advise court of its compliance.

Court shall then destroy copy of petition, order and notice of compliance.

Welfare and Institutions Code Section 826(c): (1981)

Type of Record: Juvenile Court traffic matter records: all records and papers, minute book entries, dockets and judgment dockets

When May Destroy: After 5 years after termination of court's jurisdiction

Conditions: Original record may be microfilmed or photocopied

Welfare and Institutions Code Section 826.5: (1981)

Type of Record: All (juvenile Court) records and papers, the Juvenile Court record, any minute book entries, dockets and judgment dockets in the proceedings concerning a person as a minor. Per this section, exhibits shall be destroyed pursuant to Penal Code Sections 1418, 1418.5 and 1419 (now repealed).

When May Destroy: At any time before a person reaches the age when his or her records are required to be destroyed

Conditions: Notwithstanding Welfare and Institutions Code Section 826; and if the records are microfilmed or photocopied prior to destruction

EMERGENCY SERVICES

Government Code Section 26202.6: (1981)

Type of Records: Recordings of telephone and radio communications maintained by county departments, the public safety communications center or special districts

When May Destroy: After 100 days

Conditions: Notwithstanding Government Code Sections 26202, 26205, and 26205.1, upon approval of the legislative body, and with written consent of the agency attorney. If recordings are evidence in any claim filed or in pending litigation, such recordings shall be preserved until litigation is resolved.

HEALTH OFFICER

Business and Professions Code Section 4065(a): (1986)

Type of Record: Records of the kind and amounts of drugs purchased, administered and dispensed at a surgical clinic, as defined in Health and Safety Code Section 1204(b)(1)

When May Destroy: After 7 years

(rev. 1/93)

Conditions: None

Business and Professions Code Section 4232: (1987)

Type of Record: All records of sale, purchase or disposition of dangerous drugs or devices

When May Destroy: After 3 years from date of making records

Conditions: None

Civil Code Section 4305: (1978)

Type of Record: Copies of (premarital certificate of examination lab work) reports

When May Destroy: After 2 years

Conditions: If reports/records are submitted to State Department of Health Services as is required by regulation

Health and Safety Code Section 460: (1969)

Type of Record: X-ray photographs and case records taken by county health officer in performance of his or her duties with regard to tuberculosis

When May Destroy: When more than 5 years old. The board of supervisors may authorize destruction of the records or disposition to a public or private medical library.

Conditions: By authorization of the board of supervisors if (1) the health officer determines that such x-rays in conjunction with case records do not show existence of tuberculosis in the infectious stage, or (2) the individual of whom the x-rays were taken has been deceased not less that 2 years, or the individual's 102nd birthday has occurred, and it cannot be reasonably ascertained whether he or she is still living, or (3) the place of residence of the individual of who the x-ray was taken has been unknown for 10 years.

Health and Safety Code Section 7501: (1965)

Type of Record: Original or duplicate of permit for removal of interred remains (Permit for Disposition of Human Remains)

When May Destroy: Issuer of permit shall retain a copy.

Conditions: None

Health and Safety Code Section 10376.5: (1985)

Type of Record: Original or duplicate Permit for Disposition of [cremated] Human Remains (from place of cremation or interment)

When May Destroy: After 1 year (Statute is unclear whether it means I year after permit was issued, after date of final disposition, or after local registrars receive their copy.)

Conditions: None

Health and Safety Code Section 10379: (1985)

Type of Record: Original or duplicate of permit to inter human body (Permit for Disposition of Human Remains)

When May Destroy: 1 year after permit is returned to local registrar with date of interment or cremation endorsed thereon (Statute is unclear whether it means 1 year after permit was issued, after date of final disposition, or after local registrars receive their copy.)

Conditions: None

JUSTICE COURTS AND MUNICIPAL COURTS

Code of Civil Procedure Section 1952: (1984)

Type of Record: Exhibit or deposition in civil proceeding

When May Destroy: Upon final determination or dismissal of the action or proceeding

Conditions: By order of the court on its own motion

Code of Civil Procedure Section 1952.3: (1985)

Type of Record: Exhibit or deposition in civil action or proceeding

When May Destroy: 5 years after time for appeal expires if appeal is not taken, or 5 years after final determination of appeal if appeal was taken, or 5 years after any of the following: (a) Motion for new trial granted and memo to set has not been filed, or motion to set for trial has not been made within such 5 years; (b) Filing of remittitur, where after appeal action has been remanded to trial court for new trial and same has not been brought to trial within 5 years of filing of remittitur; (c) Dismissal of such action or proceeding*.

* Any sealed file shall be retained at least 2 years after date that destruction would otherwise be authorized by this statute.

Conditions: By order of the court on its own motion and entry thereof made in the registers of actions, and notwithstanding any other provision of the law

NOTE: Code of Civil Procedure Section 1952.2 (1984) authorizes the court to return exhibits and depositions to the attorneys for the parties at the expiration of the appeal period. See "Review of Selected 1969 Code Legislation" pages 94 and 95 for a discussion of the application of Sections 1952, 1952.2 and 1952.3 of the Code of Civil Procedure. It which provision is contained in Section 1952.

Code of Civil Procedure Section 1952.3: (1985)

Type of Record: Exhibit or deposition that remains in the custody of the court or clerk 10 years after introduction or filing of the action or proceeding

When May Destroy: After 10 years from the introduction or filing of action or proceeding*

* Any sealed file shall be retained at least 2 years after date that destruction would otherwise be authorized by this statute.

Conditions: If, in discretion of the court, exhibit or deposition should be disposed of or destroyed. Order shall be entered in registers of action.

Health and Safety Code Section 11361.5(a),(c): (1984)]

When Shall Destroy: 2 years from date of convictions, or from date of arrest if there was no conviction. Exception Regarding records of a violation of Health and Safety Code Section 11357(e), records shall be retained until offender reaches age 18.

This subdivision does not apply to records of any conviction occurring before January 1,1976, or records of any arrest not followed by a conviction occurring before that date.

Health and Safety Code Section 11361.5(d): (1984) Notwithstanding Health and Safety Code Section 11361.5:)(a) or (b), written transcription of oral testimony in court and published judicial appellate reports are not subject to this section. And no records shall be destroyed per Health and Safety Code Section 11361.5(a) if defendant has filed a civil action against the arresting law enforcement jurisdiction or jurisdiction that instituted prosecution, and if the agency that is custodian of the records has received a certified copy of the complaint, until the action has been resolved. Destruction of these records subject to Health and Safety Code Section 11361.5(a) shall occur immediately after final resolution of the civil action, pursuant to Health and Safety Code Section 11361.5(c) if more than 2 years have elapsed from date of conviction or arrest without conviction.

Penal Code Section 1269: (1955)

Type of Record: Bail bonds in Superior, municipal or Justice Courts

When Shall Destroy: After 3 years since exoneration or release of bail

Conditions: Affidavit or testimony in open court that more than 3 years have elapsed since exoneration or release of the bail, and by direction of the court

Penal Code Section 1417: (1985)

Type of Record: All exhibits in any criminal action or proceeding

When Shall Destroy or Dispose Of: After final determination of action or proceeding (See Penal Code Section 1417.1.)

Conditions: As provided for in Penal Code Section 1417 through 1417.7 (See below.)

Penal Code Section 1417.1: (1985) For the purposes of these sections pertaining to destruction of exhibits in a criminal action or proceeding, the date when such action or proceeding becomes final is: (a) When no notice of appeal is filed, 30 days after last day for filing that notice; (b) When notice of appeal is filed, 30 days after date on which clerk of court receives remittitur affirming the judgment; (c) When order for rehearing, new trial, or other proceeding is granted, and the ordered proceedings have not commenced within 1 year, 1 year after date of that order; (d) In cases where a death penalty is imposed, 30 days after the date of execution of sentence.

Penal Code Section 1417.3: (1986)

Type of Record: Any exhibits in any criminal action or proceeding which pose a security, storage, safety or health problem, as recommended by the clerk of court

When Shall Return (to party offering them): At any time prior to final determination or action or proceeding

Conditions: By order of the court and in compliance with Penal Code Section 1417.7. If exhibit is by nature sever able, court may order clerk to retain a portion of exhibit and shall order clerk to return the rest to the district attorney. Clerk shall, on court order substitute a complete photographic record of any part of or full exhibit returned under this section.

Penal Code Section 1417.5(a): (1986)

Type of Record: Except as provided for in Penal Code Section 1417.6, all exhibits in a criminal action or proceeding remaining in clerk's possession if applied for by owner of exhibit, by person entitled to possession, or by agent designated in writing by owner.

When Shall Return: 60 days after final determination of action or proceeding (See Penal Code Section 1417.1 above.)

Conditions: By court order upon application by above-mentioned person, if release will not prejudice state Disposition pursuant to this section must also be in compliance with Penal Code Section 1417.7. (See below.)

Penal Code Section 1417.5(b): (1986)

Type of Record: All exhibits in criminal action or proceeding remaining in clerk's custody not applied for before the date of disposition as required by Penal Code Section 1417.5(a)

When Shall Be Disposed Of: 60 days after final determination of proceeding (See Penal Code Section 1417.1 above.)

Conditions: Exhibits of stolen or embezzled property, other than money, shall be disposed of by court order as provided for in Penal Code Section 1417.6.

Exhibits of property not stolen or embezzled* or consisting of money shall, unless otherwise provided for in this section, be transferred to the appropriate county agency as specified in Penal Code Section 1417.5. If county determines any property is needed for a public use, it may be retained by the county.

Exhibits of money shall be disposed of pursuant to Penal Code Section 1420.

Disposition pursuant to this section must also be compliance with Penal Code Section 1417.7.

*If this property is determined by the court to have no value at public sale, it shall be destroyed/disposed of by court order.

Disposition pursuant to this section shall also be in compliance with Penal Code Section 1417.7.

Penal Code Section 1417.7: (1985) This section states that not less than 15 days before proposed disposition of an exhibit pursuant to Penal Code Sections 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney (or other prosecuting attorney), attorney of record for each party, and each party not represented by counsel, of the proposed disposition.

The section provides that before disposition each party may have a photographic record taken of the exhibit, to be observed and certified by the clerk and retained for 60 days after final determination of the criminal action or proceeding. (See statute for specifics.)

Government Code Section 68089: (1953)

Type of Record: Vouchers (civil action or proceeding)

When May Destroy: 2 years after judgment has become final

Conditions: By court order, deliver to party filing or party's attorney; if such person can't be located or fails after a reasonable time to obtain them, court may order to destroy same.

Government Code Section 71007: (1980)

Type of Record: Original docket or register of actions (docket in criminal matters) required by Penal Code Section 1428 and Code of Civil Procedures Section 1052, in Municipal and Justice Courts

When May Destroy: Upon making reproduction by photography, microphotography, or mechanically or electronically storing all records necessary to the keeping of a docket or register of actions

Conditions: If completeness and chronological sequence of the record are not disturbed, and if such reproduction is made in compliance with minimum standards of quality approved by National Bureau of Standards. All reproductions shall be indexed and kept in convenient, accessible files. Each microfilm role shall be a book and shall be available for public use. Duplicates of reproductions as are provided for in this section shall be kept in a separate place to assure their preservation for the time prescribed in Government Code Section 71008.

Government Code Section 71007.1: (1989)

Type of Record: Municipal and Justice Court documents as follows: pleadings, motions, instruments, books, depositions, transcripts, minute orders, complaints, dockets, registers of action, and any other records which are part of the court file or are lodged with the Municipal or Justice Courts

When May Destroy: In conformity with Government Code Section 71008

Conditions: Notwithstanding any other provision of law, upon reproduction of the above records, by microfilm (as defined in Government Code SS 69503), or by electronic imaging equipment. No changes to original are permitted.

Government Code Section 71008(b): (1989)

Type of Record/ When May Destroy: All papers/records in Municipal and Justice Courts proceedings other than those set forth in Government Code Section 71008(c). [Retention periods below shall be measured from the determination of the proceeding or of the forfeiture of bail in cases where no other proceedings are had during a like period following forfeiture. (See Government Code Section 71008(a).)]

(1) 2 years for: cases alleging violations of Vehicle Code Division 11, Chapter 9 (Section 22500, et seq.), or violations of local ordinance adopted pursuant thereto, or violations of Food and Agricultural Code Division 14, (Section 30501, et seq.), or violations of local ordinance adopted pursuant thereto regarding regulation or licensing of dogs, or for cases regarding stopping, standing, or parking.

Records for cases alleging violations of Health and Safety Code Section 11357(b) or (c), or of Health and Safety Code Section 11360(c) may be destroyed after 2 years in accordance with Health and Safety Code Section 11361.5.

(2) 3 years for: records specified in Penal Code Section 1269 (bail bonds), and for all other records not specified in Government Code Section 71008.

3) 3 years for: all infraction cases not specified in (1), and for any misdemeanor case alleging violations of Vehicle Code other than Sections 14601,14601.1, 20002, 23103, 23104, 23105, 23106, 23152, and 23153.

(4) Except as specified in (5), 5 years for: all other misdemeanor cases, including cases alleging violations of Vehicle Code Sections 14601, 14601.1, 20002, 23104, 23105, or 23106; and all felony cases.

(5) 7 years for: any misdemeanor cases alleging violation of Vehicle Code Sections 23103, 23152, or 23153.

(6) 10 years for: any civil action or special proceeding, including small claims, from date on which judgment became final.

(7) 5 years for: any civil action or special proceeding, including small claims, from date of commencement of action or proceeding if case is not prosecuted to judgment.

(8) 60 days for: any civil action or special proceeding, including small claims, from date of clerk's entry of dismissal of case in its entirety at plaintiff's request.

(9) 60 days for: any civil action or special proceeding, including small claims, from date of court's order to dismiss pursuant to C.C.P. SS 583.210, 583.310, or 583.410(See Government Code Section 71008(d) below.)

Conditions: By order of presiding judge of that court Government Code Section 71008(c): (1989)

Type of Record: Municipal or Justice Court's docket, register of actions, and indexes in actions governed by Government Code Section 71008(b)(4), (5). And (6)

When May Destroy [Retention period as defined in Government Code Section 71008(e) shall be measured from the determination of the proceeding or of the forfeiture of bail in cases in which no other proceedings are had during a like period following such forfeiture.] Retention period for these documents shall be at least 10 years.

Exception: Upon written request of any party to an action involving records governed by Government Code Section 71008(b)(4), (5), or (6), docket or register of actions shall be retained for an additional 10 years.

In all other cases, docket and minutes may be destroyed concurrently with other papers and records affecting the case.

Conditions: By order of presiding judge

Government Code Section 71008(d): (1989)

Type of Record: Municipal or Justice Court's docket, register of actions, and indexes in civil or small claims actions, where dismissal was ordered pursuant to C.C.P. SSSS 583.210, 583.310 or 583.410 after notice to parties of intent to dismiss

When May Destroy: Shall be retained for an additional minimum of 1 year

Conditions: Retention for additional length of time prior to destruction occurs if a party files written notice of opposition within 30 days of mailing of the notice of intention to dismiss. Subsequent destruction is by order of presiding judge.

Government Code Section 71009(a): (1980)

Type of Record: All exhibits in any Municipal and Justice Court's criminal action or proceeding

When Shall Destroy/

Conditions: In compliance with Penal Code Part 2, Title 10, Chapter 13 (Sections 1417 et seq.)

Government Code Section 71009(b): (1980)

Type of Record: Exhibits of dangerous and deadly weapons in Municipal and Justice Courts

When Shall Destroy

or Dispose Of: In accordance with Penal Code Section 12028 (1987), disposal at public auction: Annually between July 1-July 10. Destruction: Next succeeding July, or sooner if necessary to conserve resources such as space

Conditions: In accordance with Penal Code Section 12028, disposal at public auction may occur unless the district attorney or judge of the court of record certifies that retention is necessary or proper to justice; or unless officers in charge of weapons consider them of no value with respect to sport, recreation or collection. Buyers must be licensed under federal law to engage in business involving purchased weapons.

A stolen, subsequently recovered weapon, or a weapon used in a manner constituting a nuisance pursuant to Penal Code Section 12028(a) or (b) without prior knowledge of its owner shall be restored to lawful owner rather than sold, as soon as it is no longer needed for evidentiary purposes, upon owner's I.D. of weapon and proof of ownership.

In accordance with Penal Code Section 12028, destruction shall occur if weapon is not of a type to be sold at public auction or is not sold pursuant to Penal Code Section 12028(c); and if the district attorney or judge of court of record does not certify that retention is necessary to justice. Destruction shall occur so that the weapon can no longer be used as such weapon.

Penal Code Section 12028 does not apply to a firearm used in violation of Fish and Game Code or regulations adopted pursuant to that code, or to a firearm, which was forfeited pursuant to Public Resources Code Section 50086.

No weapon shall be sold or destroyed pursuant to Penal Code Section 12028(c) or (d) unless reasonable notice is given to lawful owner, if owner's I.D. and address can be reasonably obtained.

Government Code Section 71009(c): (1980)

Type of Record: Exhibits of controlled substances and property subject to forfeiture under Health and Safety Code Division 10, Chapter 8 (Sections 11470 et seq.) in Muni or Justice Courts

When Shall Destroy: In accordance with Health and Safety Code Sections 11474 (1980), and 11474.5 (now renumbered Section 11473.5 (1980)). No time specified.

Conditions: In accordance with Health and Safety Code Sections 11474, and 11474.5 (now renumbered Section 11473.5), by court order, which shall specify the agency responsible for destruction: police or Sheriff's Department, or Department of Justice. Substances, etc., not in possession of designated agency shall be delivered to said agency for destruction. Destruction shall occur unless court finds that substances, etc., were lawfully possessed by the defendant.

Government Code Section 71009(d): (1980)

Type of Record: Civil exhibits, including small claims exhibits, and depositions in Municipal or Justice Court

When Shall Destroy/ Conditions: In accordance with C.C.P. SSSS 1952, 1952.2, and 1952.3

LOCAL AGENCY FORMATION COMMISSION

Government Code Section 56382: (1985)

Type of Record: Original records of the commission

When May Destroy: If more than 2 years old

Conditions: Upon authorization of the commission after a photographic copy thereof is made and preserved

Government Code Section 56382: (1985)

Type of Record: Any duplicate record, paper or other document of the commission

When May Destroy: At any time

Conditions: Upon authorization of the commission if the original, or a photographic copy thereof, is retained in the commission's files

PLANNING

Health & Safety Code Section 19850: (1988)

Type of Record: Building plans of every building, during the life of the building, for which the department issued a building permit

When May Destroy: Section does not address destruction, but requires that an official copy be maintained.

Conditions: Copy may be on microfilm or other type of photographic copy.

Except for plans of a common interest development as defined in Section 1351 of the Civil Code, plans need not be filed for (a) single or multiple dwellings not more than two stories and basement in height; (b) garages and other structures appurtenant to buildings described under subdivision (a); (c) farm or ranch buildings; (d) any one-story building where the span between bearing walls does not exceed 25 feet. This exemption does not apply to a steel frame or concrete building.

Health & Safety Code Section 19851: (1988)

Type of Record: Official copy of plans required by H & S section 19850

When May Destroy: Section does not address destruction of records, but rather the inspection and duplicating of copies required by H & S section 19850.

Conditions: Official copies shall be open for inspection only on the premises of the building department as a public record. Copy may not be duplicated except (1) with written permission of the signer of the original documents, which permission shall not be unreasonably withheld, as specified in subdivision (f), and with the written permission of the original or current owner of the building, or, if the building is part of a common interest development, with the written permission of the board of directors or governing body of the managing association, or (2) by order of a proper court. The building department requested to duplicate the official copy of the plans shall request written permission to do so from the parties named in (1) above. The request may be by certified letter as specified in subdivision (d).

The building department shall also furnish an affidavit form to be completed by the person requesting the duplicate, as specified in subdivision (c).

PROBATION

Code of Civil Procedure Section 131.3: (1961)

Type of Record: Records and papers in possession of probation officer relating to cases subject to Code of Civil Procedure Section 131.3

When May Destroy: 5 years after termination of probation in such cases

Conditions: None

Health and Safety Code Section 11361.5(a),(c): (1984)

Health and Safety Code Sections 11357(b), (c), (d) or (e), or of Health and Safety Code Section

11360(b) (See also Health and Safety Code Section 11361.5(d).)

This subdivision does not apply to records of any conviction occurring before January 1, 1976, or records of any arrest not followed by a conviction occurring before that date.

Health and Safety Code Section 11361.5(b), (c): (1984)

Type of Record: Records of convictions and arrests not followed by conviction occurring prior to January 1, 1976, for any of the following:(1) Violation of Health and Safety Code Section 11357, or a statutory predecessor thereof; (2) Unlawful possession of a device, contrivance, instrument or paraphernalia used for unlawfully smoking marijuana, in violation of Health and Safety Code Section 11364, as it existed prior to January 1, 1976, or a statutory predecessor thereof; (3) Unlawful visitation or presence in a room or place in which marijuana is being unlawfully smoked or used in violation of Health and Safety Code Section 11365, as it existed prior to January 1, 1976, or a statutory predecessor thereof; (4) Unlawfully using or being under the influence of marijuana, in violation of Health and Safety Code Section 11550, as it existed prior to January 1, 1976, or a statutory predecessor thereof. (See also Health and Safety Code Section 11361.5(d).)

When May Destroy:Upon receipt of notice from the Department of Justice of sufficient application for destruction of records by the subject of the records

Conditions: Destruction shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appear that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to that arrest or conviction, and (2) the record can be destroyed without necessarily effecting the destruction of the records, then the document constituting the record shall be physically destroyed. Notices from the Department of Justice to the agencies shall be destroyed by the department or agency at the time the other records of the arrest or conviction are destroyed.

Welfare and Institutions Code Section 826(a): (1981)

Type of Record: Juvenile Court records, including all records and papers, minute book entries, dockets and judgment dockets. Exception: Exhibits shall be destroyed as provided for in Penal Code Sections 1418, 1418.5, and 1419.

When Shall Destroy or Dispose of: Destruction: If subject of the record was alleged or adjudged to be a person described by Welfare and Institutions Code Sections 300 or 601 - when the subject reaches age 28. If subject was alleged or adjudged to be a person described by Welfare and Institutions Code section 602 - when subject reaches age 38.

Disposition to subject of records: 5 years after jurisdiction of Juvenile Court has terminated.

Conditions: Destruction: By court order, and if court has not determined records shall be retained, or if record is not released to the subject pursuant to this section.

Disposition to subject of records: if subject of record requests the records by written notice, unless court determines record shall be retained.

Welfare and Institutions Code Section 826(b): (1981)

Type of Record: Juvenile Court records as in Welfare and Institutions Code Section 826(a) retained by an agency other than Juvenile Court.

When Shall Destroy: After destruction or disposition of those Juvenile Court records by court clerk pursuant to Welfare and Institutions Code Section 826(a)

Court shall send a copy of order to each agency and agency shall destroy those records in its custody, then advise court of its compliance.

Court shall then destroy copy of petition, order and notice of compliance.

Welfare and Institutions Code Section 826(c): (1981)

Type of Record: Juvenile Court traffic matter records: all records and papers, minute book entries, dockets and judgment dockets

When May Destroy: After 5 years after termination of court's jurisdiction

Conditions: Original record may be microfilmed or photocopied

Welfare and Institutions Code Section 826.5: (1981)

When May Destroy: At any time before a person reaches the age when his or her records are required to be destroyed

Conditions: Notwithstanding Welfare and Institutions Code section 826; and if the records are microfilmed or photocopied prior to destruction

PURCHASING AGENT

Government Code Section 25501.5: (1961)

Type of Record: Written requisition received by purchasing agent

When May Destroy or Dispose Of: If more than 3 years old

Conditions: Board of supervisors authorizes destruction. Requisitions need not be photographed, reproduced or microfilmed prior to destruction and no copy thereof need be retained.

RECORDER

Government Code Section 26205.5: (1989)

Type of Record: Filed papers or record books created by handwriting, typing on printed forms, by typewriting, or by photographic methods, in the recorder's official custody. In addition, special county records of birth, death and marriage as provided for in Health and Safety Code Section 10068.1.

When May Destroy: No time specified

Conditions: Authorization of board of supervisors at request of county recorder, if all of the following are complied with: (a) Record is photographed, micro photographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data-processing system, recorded on optical disk, reproduced by any other medium that permits no changes to original, or reproduced under direction and control of recorder on film, optical disk, or any medium approved for permanent records by National Institute of Standards and Technology; (b) Device used to reproduced on film, optical disk, or other medium accurately and legibly reproduces original and permits no changes to original; (c) Reproductions on film, optical disk, or other medium are as accessible for public reference as originals were; (d) Copy of archival quality of the film, optical disk or other medium are kept in a safe and separate place.

No page shall be destroyed if any page cannot be reproduced on film with full legibility. Every un reproducible page shall be permanently preserved for easy reference.

Government Code Section 26205.6(a): (1988)

Type of Record: Any original document left with and recorded by the recorder which is undeliverable by mail and uncalled for 10 years or more after the date of recording

When May Destroy: 10 years after date of recording

Conditions: Notwithstanding any other law relating to destruction of county records

Government Code Section 26205.6(b): (1988)

Type of Record: Any original document left with and recorded by recorder by permanent photographic means which is undeliverable by mail and un called for 2 years after date of recording

When May Destroy: 2 years after date of recording

Conditions: Notwithstanding any other law regarding destruction of county records

Government Code Section 26205.7: (1972)

Type of Record: Handwritten county recorder records of possible historical value. In addition, special county records of birth, death and marriage as provided for in Health and Safety Code Section 10068.1

When May Destroy: No time specified

Conditions: Notification to Secretary of State by Recorder of intent to destroy records. If Secretary of State does not request transfer of records within 90 days, destruction of records may occur in compliance with Government Code Section 26205.5.

Government Code Section 27205: (1957)

Type of Record: Building or improvement contracts, plans, specification and bond

When May Destroy: Return to person filing same after 2 years from filing of notice of completion. Destroy after 5 years from date of their being filed, if not returned.

Conditions: Disposition: May occur if recorder not notified in writing to retain records, by someone claiming interest under contract or in the property. Destruction: May occur if records have not been delivered as provided in this section, and if recorder has not been notified in writing to retain them by someone claiming interest.

Government Code Section 27206: (1969)

Type of Record: Federal tax liens together with any release of said lien

When May Destroy: 8 years after lien filed in recorder's office

Conditions: Microfilm copy of each unreleased tax lien to be made and certified in manner provided by Evidence Code Section 1551; film used must comply with U.S. Bureau of Standards requirements; original copy of microfilm to be kept in safe and separate place

Government Code Section 27207: (1967)

Type of Record: Any or all filed papers or record books created under Land Title Law (repealed 1955)

When May Destroy: No time specified

Conditions: At the request of county recorder; and by authorization of the board of supervisors; and after compliance with Government Code Section 26205(a) through (d).

Government Code Section 27208: (1986)

Type of Record: Any paper or document filed with or submitted to recorder more than 1 year previously

When May Destroy: 1 year after paper or document was filed or submitted to recorder

Conditions: If paper or document has been microfilmed; and if no other provision of law requires a longer retention period; and if recorder does not determine there is a need for document's retention. In determining need for retention, consideration shall be given to future public need, the effect of statutes of limitation, historical significance,. etc.

Government Code Section 27265: (1949)

Type of Record: Temporary index sheets provided for public use

When May Destroy: Upon completion of permanent yearly indexes

Conditions: If indexes are compiled by use of keypunch and printing machines; and if permanent indexes are completed from the same key punch cards used to make temporary indexes

Government Code Section 27322.2 (1988) provides for microphotography, optical disk or reproduction by other techniques which don't permit changes to the original, to be used by the recorder to record some or all instruments, papers and notices which are required or permitted by law to be recorded or filed. All film used shall comply with minimum standards of U.S. Bureau of Standards. A true copy shall be kept in a safe and separate place which will reasonably assure its preservation indefinitely against loss or destruction. A true copy shall be arranged in the recorder's office to facilitate public inspection.

Government Code Section 27322.3 (1957) provides that if recorded instruments or record books in the recorder's office have been microfilmed for preservation, a type of record book may be used which will permit removal of leaves for efficient reproduction. To reproduce the record books for preservation, permanently bound books may be disassembled and, after copying, shall be rebound to permit later removal of leaves for efficient reproduction.

Government Code Section 27322.4 (1988) provides that the recorder may cause any or all tiles or records in the recorder's official custody to be reproduced pursuant to Government Code Section 27322.2 as in the case of original filings and/or recordings. Reproductions shall be deemed originals; transcripts, certified copies, etc., shall be deemed transcripts, certified copies, etc., as the case may be, of the original.

SPECIAL DISTRICTS

Government Code Section 26202.6: (1981)

Type of Records: Recordings of telephone and radio communications maintained by county departments, the public safety communications center or special districts

When May Destroy: After 100 days

Conditions: Notwithstanding Government Code Sections 26202, 26205, and 26205.1, upon approval of the legislative body, and with written consent of the agency attorney. If recordings are evidence in any claim filed or in pending litigation, such recordings shall be preserved until litigation is resolved.

Government Code Section 60200: (1959)

Type of Record: Any duplicate record, paper or document

When May Destroy: At any time

Conditions: Authorization of legislative body of special district; original or permanent photographic record of which is in the files of any officer or department of the district

Government Code Section 60201: (1959)

Type of Record: Any record, paper or document

When May Destroy: If more than 2 years old

Conditions: If prepared or received in any manner other than pursuant to state statute. Such record, etc. need not be photographed, reproduced, or microfilmed prior to destruction and no copy thereof need be retained. By authorization of legislative body of district.

Government Code Section 60202: (1959)

Type of Record: Unaccepted bid or proposal for construction or installation of any building, structure or other public work

When May Destroy: If more than 2 years old

Conditions: By authorization of legislative body of district

Government Code Section 60203: (1989)

Type of Record: Any record, paper, or document not expressly required by law to be filed and preserved

When May Destroy: No time specified

Conditions: Authorization of legislative body of district and (a) the record, etc. is photographed, micro photographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data-processing system, recorded on optical disk, reproduced by any other medium which doesn't permit changes to the original, or reproduced on film or other authorized medium that complies with the minimum standards of the National Institute of Standards and Technology; and (b) the device used to reproduce such record, etc. on film or other medium accurately reproduces the original there of in all details and does not permit changes to the original; and (c) the reproductions are placed in conveniently accessible files and provision is made for preserving, examining and using the same.

For purposes of this section, reproductions shall be deemed an original record; transcripts, certified copies, etc. of a reproduction shall be deemed transcripts, certified copies, etc., as the case may be, of the original.

TAX COLLECTOR

Government Code Section 26908: (1976)

Type of Record: Tax rolls

When May Destroy: 2 years after the last current item has been recorded hereon

Conditions: Notwithstanding provisions of Revenue and Taxation Code Sections 4104.3 and 4104.5; and by order of board of supervisors; and if a photographic record of the tax roll has been made, one copy of which shall be permanently retained

TREASURER

Government Code Section 27001: (1967)

Type of Record: Certificates of the auditor delivered when money is paid into treasury

When May Destroy: After on file for 5 years or more

Conditions: Notwithstanding provisions of Government Code section 26201, 26202 and 26205;and it must be (a) photographed, micro photographed or reproduced on film of a type approved for permanent photographic records by the National Bureau of standards; (b) the device used to reproduce into film accurately reproduces the original in all details; and (c) the reproductions are placed in conveniently accessible files and provision is made for preserving, examining and using them

Government Code Section 27002.1 (1961) provides that the treasurer may photograph, microphotograph or photocopy all receipts for money received by him order and all warrants paid by him or her as required in Government Code Section 27002.

Reproductions shall be deemed originals; transcripts, certified copies, etc. shall

be deemed transcripts, certified copies, etc., as the case may be, of the original.

All such reproductions shall be indexed and placed in convenient, accessible files Each roll of microfilm shall be deemed a book, shall be designated and numbered, and provision shall be made for preserving, examining and using it.

A duplicate of each microfilm roll shall be kept in a safe and separate place.

Government Code Section 29940: (1947)

Type of Record: Unsold bonds issued for county purposes

When May Destroy: 2 years after date of any election authorizing the bond issuance

Government Code Section 53921: (1961)

Type of Record: County bonds or coupons which have been paid or canceled

When May Destroy: No time specified

Conditions: Under such conditions as county treasurer may fix, with the approval of the board of supervisors

WELFARE

Welfare and Institutions Code Section 10851(a),(d): [19891

Type of Record: Case records for public social services

When May Destroy: After records have been retained for 3 years since public social services were last provided

Conditions: Unless the county is notified by the State Department of Social Services or the State Department of Health Services, whichever has jurisdiction over the records, to retain them for longer, when necessary to a pending civil or criminal action.

These retention requirements are superseded to the extent another statute requires retention of the same records for a longer period for a different purpose.

Welfare and Institutions Code Section 10851(b): (1989)

Type of Record: Case narrative portions of case records (for public social services cases), active or inactive

When May Destroy: If more than 3 years old*

Conditions: Notwithstanding Welfare and Institutions Code Section 10851(a); and by authorization of the board of supervisors only after audit by State Department of Social services or State Department of Health Services, whichever has jurisdiction over the records

* If a civil or criminal action against a person based on alleged unlawful application for, or receipt of, public social services is commenced before the expiration of the three-year period, no portion of case record shall be destroyed until such action is terminated.

Welfare and Institutions Code Section 10851(b): (1989)

Type of Record: Documents in case files (for public social services cases) which are over 3 years old (cases active or inactive)

When May Destroy: If more than 3 years old*

Conditions: By authorization of board of supervisors; and if documents a no longer necessary to document recipient's continued eligibility for public social services.

Welfare and Institutions Code Section 10851(c),(d): (1989)

Type of Record: Fiscal, statistical and other such records necessary for maintaining accountability and meeting reporting requirements regarding administration of public social services

When May Destroy: After 3 years from date of submission of the final expenditure report

Conditions: Shall be kept longer than 3 years when audit findings have not been resolved.

These retention requirements are superseded to the extent another statute requires retention for a longer period for a different purpose.

Welfare and Institutions Code Section 10851(e): (1989)

Type of Record: Child abuse reports which have been determined to be unfounded as defined in Penal Code Section 11165.12

When may Destroy: No time specified

Conditions: Notwithstanding Welfare and Institutions Code Section 10851(a) or any other statutory requirement regarding retention of public social services records