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Law Enforcement: General

Public Safety

Law Enforcement: General
Title Major Revision Previous Schedules Schedule Item
Incident, complaint, or arrest summary record or log

containing a summary of criminal activities, when records or data are not submitted to the New York State Division of Criminal Justice Services (DCJS):
RETENTION: PERMANENT
NOTES: Copies of records or data submitted to DCJS are covered under item no. 1221 below.
Most pre-1950 records have historical value.

 2020 (♦)
 CO2 559; MU1 521; MI1 458 1220
Law enforcement reports, studies or data queries,

including their documentation

 CO2 567; MU1 529; MI1 466 1221

a: Reports, studies or queries having legal or fiscal value, such as reports covering use of equipment and personnel resources, reports on crime in specific neighborhoods, reports based on the Clery Act, or on specific kinds of criminal activity:
RETENTION: 6 years
NOTES: Appraise records covered by part "a" for archival value. Reports and studies analyzing law enforcement activity within a municipality for specific kind of criminal activity or a given area may be valuable for long-term planning, analysis of trends in law enforcement, and for historical and other research. Contact the State Archives for additional advice.

b: Reports, studies or queries having no legal or fiscal value, such as daily communications or other routine internal reports:
RETENTION: 0 after no longer needed

c: Uniform Crime Reports submitted to State Division of Criminal Justice Services:
RETENTION: 1 year

d: Incident-based reports or queries:
RETENTION: 3 years

e: Report or study of law enforcement activity within municipality, generated for local law enforcement agency by county, regional or state law enforcement agency (local law enforcement agency copy):
RETENTION: 0 after no longer needed
NOTES: Appraise records covered by parts "e" and "f" for archival value. Reports and studies analyzing law enforcement activity within a municipality or specific area may be valuable for long-term planning, analysis of trends in law enforcement, and for historical and other research. Contact the State Archives for additional advice.

f: Report or study of law enforcement activity within municipality, generated for local law enforcement agency by county, regional or state law enforcement agency (copy retained by county or regional creating agency):
RETENTION: 3 years
Case investigation record

for adult, juvenile offender, youthful offender or juvenile delinquent, including but not limited to complaint, investigation report, arrest report, property record, court order, and disposition of the case
NOTES: Classification of a case investigation record should be based on the case's final disposition (the crime or offense an individual is convicted of or pleads to).
A case may be closed if it results in prosecution and appeals are exhausted, it results in a settlement, it results in no arrest, or when restitution is no longer sought.

 2020 (♦)
 CO2 561; MU1 523; MI1 460 1222

a: For homicides, suicides, arson (first, second or third degree), missing persons (until located), aggravated sexual assault (first degree), course of sexual conduct against a child (first degree), active warrants, and stolen or missing firearms (until recovered or destroyed):
RETENTION: PERMANENT

b: For all felonies except those covered by parts "a" and "c", and fatalities other than homicides:
RETENTION: 25 years after case closed
NOTES: Appraise case investigation files for these felonies for historical and other research value, as well as for analysis of long-term trends. Contact the State Archives for additional advice.

c: For fourth degree arson and non-fatal (including vehicular) accidents:
RETENTION: 10 years after case closed

d: For misdemeanor:
RETENTION: 5 years after case closed

e: When offense involved was a violation or traffic infraction:
RETENTION: 1 year after case closed

f: When investigation reveals no offense has been committed by adult:
RETENTION: 5 years

g: When individual involved was a juvenile and no arrest was made, or no offense was committed:
RETENTION: 1 year after individual attains age 18

h: Domestic incident report, created pursuant to Section 140.10(5), Criminal Procedure Law, when case investigation record is created:
RETENTION: Retain for 4 years or as long as rest of case investigation report, whichever is longer.

i: For sexual offenses against a child as defined by the Child Victims Act, excluding sexual offenses in part "a" above:
RETENTION: 0 after child attains age 55
Master summary record of case investigation information:


RETENTION: 0 after no longer needed to access case investigation records
NOTES: Appraise this record for archival value. This record may supplement the incident data summary record in providing summary information on all case investigations conducted by the law enforcement agency. Contact the State Archives for additional advice.

 CO2 939; MU1 804; MI1 813 1223
Individual identification file,

except jail or penitentiary prisoner case record, including but not limited to fingerprint cards, photographs, record sheets from other agencies, local arrest and disposition records, and miscellaneous reports
NOTES: Section 160 of the Criminal Procedure Law requires that individual identification records be returned to the individual involved or destroyed when criminal actions are terminated in favor of the accused or by conviction for a noncriminal offense.

 2020 (♦)
 CO2 562; MU1 524; MI1 461 1224

a: When offense involved was a crime (misdemeanor or felony):
RETENTION: 5 years after death of individual, or 90 years after individual's date of birth, whichever is shorter, provided no arrest in the last 5 years
NOTES: Records created before establishment of the D.C.J.S. statewide automated identification system in 1966 are not duplicated at the state level and should be appraised for both archival value and ongoing legal and administrative purposes. Contact the State Archives for additional information.

b: When offense involved was a violation or traffic infraction:
RETENTION: 5 years

c: Digital "mug shot" file, containing digital photos and relevant accompanying data on an individual, when official copies of photos are retained in hard copy as part of part "a" or "b," above:
RETENTION: 0 after no longer needed
NOTES: Digital "mug shot" file, containing digital photos and relevant accompanying data on an individual, when official copies of photos are not retained in hard copy, must be retained as specified in part "a" or "b," above.
Appraise these digital files for archival, legal and administrative value. They may have long term value in criminal investigation. Contact the State Archives and the Division of Criminal Justice Services for additional advice.

d: Fingerprint records, born-digital or scanned, transmitted to the Division of Criminal Justice Services:
RETENTION: 0 after no longer needed

e: Photo arrays, created by combining identification photos for identification and investigative purposes:
RETENTION: Retain as long as relevant case investigation record.

f: Criminal record summaries ("rap sheets"), received from Federal Bureau of Investigation or other law enforcement agency:
RETENTION: Retain most current copy as long as relevant case investigation, or 0 after superseded or obsolete if unrelated to case investigation

g: Authorized requests for criminal information contained in local government law enforcement agency records, along with response and record of action taken:
RETENTION: 6 years

h: When offense involved was a crime committed by a juvenile, other than a Class A or B felony, and no subsequent crime committed:
RETENTION: 0 after individual attains age 21 or 3 years after discharge, whichever is later
Personal information data file


2020 (♦)
 CO2 940; MU1 805; MI1 814 1225

a: Data on criminals and suspects:
RETENTION: Retain data for 5 years after death of individual, or 90 years after individual's date of birth, whichever is shorter, provided no arrest in the last 5 years

b: Data on associated persons, such as victims, relatives and witnesses:
RETENTION: Retain data as long as, or information as part of, relevant case investigation record.

c: Documentation of updates and changes to data:
RETENTION: Retain as long as data which has been changed or updated.

d: Trouble and discrepancy reports regarding personal information data:
RETENTION: 3 years
County- or region-wide arrest information cumulative data file,

covering county- or region-wide area:
RETENTION: Maintain as perpetual data file, and 3 years after replaced by superseding file

 CO2 941; MU1 806; MI1 815 1227
Profiling reports and related records,

including macros, workspaces or other files (including all documentation) created in profiling process

 CO2 942; MU1 807; MI1 816 1228

a: Relating to specific case investigation:
RETENTION: Retain as long as relevant case investigation record

b: Not relating to specific case investigation:
RETENTION: 0 after obsolete
Confidential informant records,

maintained separately from confidential informant information contained in case investigation records

 CO2 1062; MI1 914 1229

a: Master index or listing of confidential informants:
RETENTION: PERMANENT

b: Detailed information on confidential informant:
RETENTION: 0 after individual is deceased or 90 years after individual's date of birth
Request for personal information from New York State Department of Motor Vehicles (DMV),

including driver's license photo:
RETENTION: 5 years

 2020 (♦)
 1226