Office of the District Attorney Record Retention and Destruction Schedule

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1 Homicides and Life Sentences Homicide cases and cases where the defendant is sentenced to life in prison P.C , P.C , P.C. 290, P.C , G.C (e)(2), G.C , Historic Criminal cases filed prior to 1995 Retained for 75 years (until 2075) Sex Offense Files All cases where the defendant is required to register as a sex offender Felonies Serious, Violent, Family Violence, and E-Crimes (unless Defendant is required to register as a sex offender) Adult cases where the charges include serious or violent felonies Retained for 15 years after case P.C , P.C. 290, Felonies Non-violent Adult cases where the charges do not include serious or violent felonies Retained for 10 years after case P.C , P.C. 290, Office of the District Attorney Page 1 of 5 Rev Also refer to the Countywide for retention and destruction periods of records commonly found in all departments.

2 Misdemeanors Domestic Violence and Sex Offenses (unless Defendant is required to register as a sex offender) Adult cases with domestic violence or sex offense misdemeanor charges Retained for 15 years after case All other Misdemeanors Adult cases with misdemeanor charges not involving domestic violence or sex offenses Retained for 10 years after case Sealed cases Cases where the Superior Court has ordered the case file sealed Adult cases are retained for 3 years post-sealing Juvenile cases are retained for 5 years post-sealing Juvenile Wards 707b offenses (Homicides) has been charged with a homicide Juvenile Wards 707b offenses has been charged with Penal Code 707b offenses Retained until minor turns 38 Office of the District Attorney Page 2 of 5 Rev Also refer to the Countywide for retention and destruction periods of records commonly found in all departments.

3 Juvenile Wards Deferred Entry of Judgment and Dismissed cases has a deferred entry of judgment or the charges have been dismissed Retained until minor is over 18 All other Juvenile Wards All other juvenile ward case files Retained for 15 years after case E-Group Cases involving economic and real estate crimes Retained according to non-violent felony cycle Citations Cases where the defendant was cited by law enforcement and ordered to appear in court Retained according to misdemeanor cycle based on offense Priors Bank Certified copies of court records from Santa Clara Superior Court or other counties. Retained until defendant is 90 years of age Office of the District Attorney Page 3 of 5 Rev Also refer to the Countywide for retention and destruction periods of records commonly found in all departments.

4 Developmentally Disabled (DD) Life of the client Administrative and Legal Value, including but not limited to the following: the possibility always exists for an appeal or habeas petition and/or re-evaluation of existing orders; historical documents may have vital relevance to other, subsequent cases; legal research and analysis may assist in preparing defense in other, unrelated cases. G.C , Plea of Insanity (P.C. 1026) Life of the client Administrative and Legal Value, including but not limited to the following: the possibility always exists for an appeal or habeas petition and/or re-evaluation of existing orders; historical documents may have vital relevance to other, subsequent cases; legal research and analysis may assist in preparing defense in other, unrelated cases. G.C , Office of the District Attorney Page 4 of 5 Rev Also refer to the Countywide for retention and destruction periods of records commonly found in all departments.

5 Certificates of Rehabilitation Advise and Assist Expungement Post-Conviction Proceedings and Special Project Files (e.g., Proposition 36 Reform and SART Exam projects) 2 years G.C , 2 years G.C , 2 years G.C , 2 years G.C , Office of the District Attorney Page 5 of 5 Rev Also refer to the Countywide for retention and destruction periods of records commonly found in all departments.