Or. Admin. R. 166-150-0095 - District Attorney Records
It should be noted that the District Attorney in each Oregon County is an official employee of the State. Due to the status of the District Attorney position, the State Archives would recommend utilizing the State Agency General Records Retention Schedule for all financial records produced in county District Attorney offices.
(1)
Attorney General Opinions: Records document Attorney General Opinions and
attorney's letters of advice. Records may include but are not limited to
requests for opinions; opinions; letters of advice; copies of legislative
bills, statutes, and administrative rules; and correspondence. The Department
of Justice maintains the statewide record copy of Attorney General Opinions.
(Minimum retention: 5 years)
(2)
Case or Docketed Files: Records document criminal cases tried and filed by the
District Attorney for the county. Records may contain but are not limited to
police reports, copies of court documents, computerized criminal histories,
District Attorney notes, court exhibits, and related correspondence.
Information may include defendant's name, date of birth, address and social
security number; victim's name, date of birth, address and social security
number; and description of the crime and crime scene. (Minimum retention:
(a) Retain cases of murder, treason, or Class
A felony, with a judgment of guilty: 60 years or 3 years after sentence
expires, whichever is longer
(b)
Retain all other felonies, with a judgment of guilty: 3 years after sentence
expires
(c) Retain felony cases,
dismissed or with judgment of not guilty: 3 years
(d) Retain misdemeanor cases: 3 years after
termination
(e) Retain violation
cases: 1 year after termination
(f)
Retain support enforcement cases: 3 years after all support paid)
(3) Civil Forfeiture and Asset
Seizure Files: Records document cases involving seizure of assets for civil
forfeiture. Records contain police reports, District Attorney notes, legal
pleadings and notices, descriptions and pictures of property and/or cash, and
Asset Forfeiture Oversight Advisory Committee forms and reports. Records may
contain information regarding the incident leading to seizure, owner's and
interested parties' personal information, and statistical and budget
information. (Minimum retention: 5 years)
(4) Denied Prosecution Files: Series
documents correspondence between District Attorney's office and an outside
investigative agency (police department) concerning the inability to prosecute
cases based on a lack of evidence. These documents are generated in response to
police investigations and consist mainly of correspondence and case
descriptions. (Minimum retention: 1 year)
(5) District Attorney Opinions: Series
documents official recommendations, advice or opinions of the District Attorney
issued to local officials. Records may include requests for opinions, opinions,
letters of advice, and grand jury notes. Topics may include establishment,
modification or discontinuance of policies or services, and studies, plans,
research, or discussions of facilities, services, or issues in the criminal
justice system. (Minimum retention: Permanent)
(6) Grand Jury Records: Series describes the
documents produced by the Grand Jury in relation to individual cases. The
records document the progress and deliberations within the grand jury. Grand
Jury Proceedings may include notes, votes, subpoenas, and dockets. These
records are not released into the general criminal files and are retained
separately from the respective criminal files. (Minimum retention:
(a) Retain notes, votes, and dockets: 10
years
(b) Retain subpoenas and
member lists: 1 year)
(7) Grand Jury Reports: Series documents
reports filed by the grand jury at the completion of the mandated tours of
public institutions and courts. ORS
132.440 requires that the grand
jury inquire into the condition and management of every correctional and
juvenile facility in the county as defined in ORS
162.135 at least once a year.
Information may include tour date, facility name, and any findings of the grand
jury. (Minimum retention:
(a) Retain reports
not filed with the courts: 20 years
(b) Retain reports filed with the court: 2
years)
(8) Indictment
Returned Lists: Series documents lists of grand jury indictments returned,
schedules of people awaiting grand jury hearings, or cases pending hearings or
trial. Information may include names of people awaiting hearings, and names of
cases pending or of returned indictments. (Minimum retention: 2 years)
(9) Investigation Files: Records
document criminal cases investigated, but not tried, by the District Attorney.
Records may contain but are not limited to police reports, computerized
criminal histories, District Attorney notes, grand jury notes, and related
correspondence. Information may include suspect's name, date of birth, address
and social security number; victim's name, date of birth, address and social
security number; and description of the crime and crime scene. (Minimum
retention:
(a) Retain cases of murder or
treason: Permanent
(b) Retain class
A felony cases: 25 years
(c) Retain
class B felony cases: 10 years
(d)
Retain class C felony cases and support enforcement cases: 5 years
(e) Retain accident and death investigations:
3 years
(f) Retain misdemeanor
cases: 2 years
(g) Retain
violations cases: 1 year)
(10) Mental Commitment Hearing Files: Records
document cases involving incidents or possibly crimes involving mentally ill
persons. Records may include police reports, mental health evaluations and
referrals, legal pleadings, commitment orders, District Attorney notes,
subpoenas, and correspondence. Information may include person's personal
information, a victim's personal information (if applicable), and/or witness
information. (Minimum retention: 5 years)
(11) Multi-Disciplinary Team Records: Records
document the activities and management of the county Multi-Disciplinary Team
(MDT). Respective MDTs may have members from city, county, or state agencies.
Records may include grant and account records, meeting minutes, annual reports
and budgets, member lists, interagency agreements, and correspondence. (Minimum
retention: 5 years)
(12) Official
Business Register: Series documents the scheduling and status of actions,
suits, or legal proceedings involving the District Attorney. Information may
include names of individuals or cases, dates or court events, grand jury
dockets, and cases scheduled. (Minimum retention: 25 years)
(13) Public Records Disclosure Request
Records: Series documents public appeals to the District Attorney when initial
requests for access to public documents was initially denied. Records may
include but are not limited to requests for disclosure, types of records
requested, request logs, notation of transfer to another district, approvals,
denials, copies of petitions to the District Attorney for review of disclosure
denials, District Attorney Orders to grant or deny disclosure, correspondence,
and related documentation. (Minimum retention:
(a) Approved requests: 2 years
(b) Denied requests: 2 years after last
action)
(14) State
Breathalyzer Permits: Series documents the maintenance of copies of the state
breathalyzer permits issued to local law enforcement personnel by the state to
perform breathalyzer tests. Information includes name of individual permit
issued to, date of issuance, and expiration date. (Minimum retention: Retain
most current copy)
Notes
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS 192.005-192.170 & 357.805-357.895
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