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E-911 and Related Records

*1.[784] Master Street Address Guide (MSAG) and related records
 

a.       MSAG data base, containing such information as road/street names, address ranges, addresses, community names, telephone numbers, and information on properties, structure and individuals:
RETENTION:        Maintain as perpetual data file, and 1 year after replaced by superseding MSAG data file

NOTE:  Appraise these records, which may contain valuable information on properties, structures and residents, for secondary uses as well as historical significance prior to disposition.  Periodic "snapshots" of this data may be created and maintained as either electronic files saved to disk, tape or diskette, or as hard-copy output such as printed maps, or in both formats.  Contact SARA for additional advice on the creation and maintenance of these records.

 

b.       Street alias file, containing alternative road or street names:
RETENTION:        Maintain as perpetual data file, and 3 years after replaced by superseding street alias file:

 

c.       Records of updates, corrections and confirmations to MSAG data base, including assignments of new or revised street addresses:
RETENTION:        3 years

 

d.       Non-permanent road/street related information, such as relating to temporary closure of road or street:
RETENTION:        3 years after information becomes invalid

*2.[785] Telephone utility address records
 

a.       Copy of database or printout received from telephone utility:
RETENTION:        0 after no longer needed

 

b.       Updates, corrections, trouble reports and Automatic Location Information (ALI) discrepancy reports, submitted to and received from telephone utility:
RETENTION:        1 year

*3.[786]

Non-emergency call receipt and response records, such as those contained in E-311 system, E-911 system module, or other electronic or manual system by which non-emergency calls are handled:
RETENTION:        1 year

*4.[787]

Automatic Number Information (ANI) and Automatic Location Information (ALI) records

 

a.       ALI database, containing street address information on each telephone number:
RETENTION:        0 after no longer needed

NOTE:  Local governments which do not maintain MSAG data files may wish to retain this record as a perpetual data file, and for 1 year after replaced by a superseding data file.

 

b.       ANI and ALI reports, such as printouts of ANI or ALI screen displays and similar records, but not including ALI discrepancy reports:
RETENTION:        0 after no longer needed

NOTE:  Local governments should consult their attorney or counsel before these records are disposed of regarding any potential legal value.

*5.[788] E-911 system development and implementation records
 

a.       Feasibility and implementation reports and studies:
RETENTION:        6 years after completion of project

NOTE:  Appraise these records for historical significance prior to disposition.  Because of the costs involved and significance of implementing E-911 and related systems, these records may be important in documenting the system itself as well as the implementation process.  Contact SARA for additional advice.

 

b.       Background materials used in preparing feasibility and implementation reports and studies, preliminary maps, and detailed statistical and other supplementary data accompanying reports and studies:
RETENTION:        6 years after completion of project

 

c.       Records relating to establishment of road/street names, address ranges and addresses, including changes in names of roads/streets and address range changes, including standards followed for naming, addressing and address conversions:
RETENTION:        PERMANENT

 

d.       Aerial photographs and final maps created in conjunction with system implementation:
RETENTION:        PERMANENT

 

Computer-Aided Dispatch (CAD)

*1.[789]

Computer-aided dispatch (CAD) or incident data file, containing data on each call received and equipment dispatch or other resulting action taken:
RETENTION:        3 years

NOTE:  In some automated systems no MSAG data file exists, and the CAD or incident data file assumes this function.  In these cases local governments should consider maintaining this record as a perpetual data file, and 1 year after replaced by superseding data file.

NOTE:  Incidents involving minors, casualties, serious injuries, homicides, fires which are incendiary in nature or under investigation, or unsolved law enforcement cases, may necessitate retention of data relating to these incidents longer for potential or ongoing legal needs.  Contact SARA for additional advice.

*2.[494] Emergency call receipt and/or equipment dispatch record, including but not limited to police or fire incident report or alarm report, generated each time an alarm or call is received and equipment is dispatched or other resulting action taken
 

a.       When record contains no information on emergency medical treatment of an individual:
RETENTION:        3 years

NOTE:  Incidents involving minors, casualties, serious injuries, homicides, fires which are incendiary in nature or under investigation, or unsolved law enforcement cases, may necessitate retention of data relating to these incidents longer for potential or ongoing legal needs.  Records custodians may wish consult their attorney, counsel or law enforcement agency before these records are disposed of regarding any potential longer legal value.  Contact SARA for additional advice.

 

b.       When record contains information on emergency medical treatment of an individual:
RETENTION:        6 years, or 3 years after individual attains age 18, whichever is longer

*3.[790]

Geographic Information System (G.I.S.) records used in emergency dispatch process

 

a.       Street, road right-of-way, road centerline, hydrant, tax parcel or other data layer (official copies maintained and/or updated by dispatching unit):
RETENTION:        Maintain as perpetual data files, and 1 year after superseded

 

b.       Street, road right-of-way, road centerline, hydrant, tax parcel or other data layers (other than official copies, where official copy is maintained by other unit of local government which maintains the G.I.S.):
RETENTION:        0 after no longer needed

 

c.       G.I.S. file and process documentation records, covering G.I.S. operations where dispatch unit creates, revises or performs analyses on data layers and related files:
RETENTION:        Maintain until G.I.S. system used in dispatch is superseded or no longer used

*4.[495]

Communications log (radio, telephone, alarm or other) recording each communication between caller and receiving unit or between dispatch unit and mobile unit or field personnel, for law enforcement agency, fire department or district, emergency medical or central emergency dispatch unit:
RETENTION:        3 years after last entry

NOTE:  Local governments should consult their attorney or counsel before these records are disposed of regarding any potential legal value.

*5.[496]

Tape recording of communications kept by dispatch unit of law-enforcement  agency, fire department or district, emergency medical service or central emergency dispatch unit:
RETENTION:        0 after information posted to emergency call receipt and/or equipment dispatch record

NOTE:  Records custodians may wish consult their attorney, counsel or law enforcement agency before these records are disposed of regarding any potential legal value.  The State Police suggests that these tapes be retained for at least 30 days if economically feasible.  Recordings of serious incidents may warrant longer retention for legal reasons.  These tapes should be retained until legal action is resolved, or the relevant specific communications should be transferred onto a separate tape.  Contact SARA for additional advice.

*6.[791]

Call receipt and dispatch related reports, other than individual incident reports

 

a.       Incident data files submitted to New York Department of State:
RETENTION:        2 years

 

b.       Summary data reports and detailed reports containing information of potential legal or fiscal value:
RETENTION:        6 years

 

c.       Internal information reports of no legal or fiscal value, such as daily activity reports:
RETENTION:        0 after no longer needed

 

Public Safety: General

NOTE: Software and software manuals and documentation are not considered "records" under the Local Government Records Law.  Local governments may need, however, to retain older versions of software, as well as relevant manuals and documentation, to document the operation of public safety related systems for legal purposes, such as defending the integrity of systems in court actions.  Contact your counsel or attorney for advice in this area prior to destroying outdated software and related documentation.

*1.[534]

Accreditation records for law enforcement, fire fighting or prevention or emergency medical services agency or unit:
RETENTION:        PERMANENT

*2.[792]

Emergency vehicle, apparatus and equipment records

NOTE: Items covering purchase, warranty, repair, fuel use, and replacement are found in the Public Property and Equipment section.

 

a.       Vehicle upkeep and use records, including records of incidents where vehicle responded and equipment was used:
RETENTION:        3 years

 

b.       Vehicle readiness checklist, or equivalent record, for any emergency vehicle, needed to ensure that necessary equipment and material is in place and in proper order:
RETENTION:        3 years

 

c.       Record of equipment (other than firearms) issued to public safety personnel:
RETENTION:        1 year after equipment returned or otherwise disposed of

*3.[498] Training records for law-enforcement officers, E-911, dispatch or fire-fighting personnel, but excluding emergency medical personnel
 

a.       Individual's record of courses attended and/or completed, including basic information on course content:
RETENTION:        6 years after individual leaves service

NOTE: Local officials may wish to keep these records longer, possibly for the career of the individual, if the records are consulted throughout that period.

 

b.       Official copy of training manual or bulletin:
RETENTION:        50 years

 

c.       Course instruction records, including attendance lists and lesson plan:
RETENTION:        1 year

*4.[793] Alarm records
 

a.       Permit files for connecting fire, water or burglar alarm to public safety agency emergency telephone system, including applications, copies of permits, inspection reports and related records:
RETENTION:        6 years after denial, expiration or renewal

 

b.       Alarm or fire alarm box call record containing basic information on each alarm transmitted:
RETENTION:        3 years

 

c.       False alarm records, including but not limited to lists of false alarms, notices sent to property owners and records of assessing and collecting fines for responses to false alarms:
RETENTION:        6 years

 

d.       Alarm location records, including maps and listing and descriptions of alarms:
RETENTION:        3 years after superseded or obsolete

*5.[794]

Public safety personnel service data file or equivalent record, including incident and activity attendance information showing names of personnel present at fire or other emergency, including attendance at training, drills, meetings and other official activities

NOTE:  This item does not cover the personnel records of officer, employee or volunteer.  See the Personnel/Civil Service section of this schedule.

 

a.       Summary data on an individual:
RETENTION:        3 years

 

b.         Detailed data on an individual, when posted to or listed on summary data file or other record:
RETENTION:                        1 year

 

c.         Detailed data on an individual, when not posted to or listed on summary data file or other record:
RETENTION:                        3 years

*6.[795]

Public safety real property data file, containing basic and detailed information on land and structures, including hazards, property inspections, and individuals associated with properties

 

a.         Basic or "history file" data:
RETENTION:                        Maintain as updated perpetual data file, for as long as system remains in use and property covered comes under service area

NOTE:  Local governments should consider permanent retention of the basic data elements of these property "history" files for all parcels of property, or the creation and permanent retention of "snapshots" of this data.  This information may be useful for long-range planning purposes, and for community, urban planning, public safety issues, and other research.  Contact the State Archives for additional advice.

 

b.         Detailed data, including plans and computer-assisted design records:
RETENTION:                        0 after superseded or obsolete

 

c.         Records of updates and corrections to property data:
RETENTION:                        3 years after update or correction made

*7.[796] Documentation of macros, queries, and reports
 

a.         Relating to specific case investigation or subject file:
RETENTION:                        Retain as long as the case investigation or subject file for which the documentation is created are retained.

 

b.         Not relating to specific case investigation or subject file:
RETENTION:                        0 after no longer needed

NOTE:  Depending on the results obtained from generating these macros, queries and reports, local officials may wish to retain these records for potential legal and other uses.

*8.[797] Hazardous materials records
 

a.         Hazardous materials location report or exemption filed with fire department or district, or equivalent record:
RETENTION:                        3 years after hazardous materials no longer stored at site

NOTE:  Local officials may wish to retain these records longer, possibly as long as 40 years, if the hazardous materials listed on this record include substances listed in Subpart Z, 29 CFR (Federal O.S.H.A. Regulations).

 

b.         Textual reference information containing medical, chemical or other information used to assist dispatchers and responding personnel, and maps of agency/service coverages:
RETENTION:                        3 years after superseded or obsolete

 

c.         Reports on hazardous materials found in the service area in its entirety, or at specific locations:
RETENTION:                        3 years after hazardous materials listed in report are no longer present at listed sites

NOTE:  Local officials may wish to retain these records longer, possibly as long as 40 years, if the hazardous materials listed on this record include substances listed in Subpart Z, 29 CFR (Federal O.S.H.A. Regulations).  In addition, if these reports document the presence of hazardous materials in a community at a given time, they should be appraised for historical significance.  These records may have immediate significance for fire fighting and disaster prevention and long-term research value in situations where the hazardous materials found in the area had a significant impact on the community.  Contact the State Archives for additional advice.

*9.[798]

Standard Operating Procedures for call receipt and dispatch, including codes, abbreviations and authority file data:
RETENTION:                        PERMANENT

NOTE:  Detailed routine procedures are covered by item no. 9 in the General section.

*10.[799]

Reference files on municipalities, districts and volunteer entities in service or neighboring areas:
RETENTION:                        0 superseded or obsolete

NOTE:  Appraise these records for historical significance prior to disposition.  These records may have long-term historical value in documenting emergency services in a given area.  Contact the State Archives for additional advice.

**11.[919] Wild animal notification records, consisting of annual notifications to city, town and village clerks from persons owning, possessing or harboring wild animals as defined pursuant to Section 209-cc of General Municipal Law, and subsequent notifications of the presence of wild animals from those clerks to public safety agencies
 

a.         Notifications received by municipal clerks from persons owning, harboring or possessing wild animals:
RETENTION:                        4 years

 

b.          Notifications sent from municipal clerks to public safety agencies:
RETENTION:                        1 year or when superseded

 

Emergency Medical Services

*1.[800] Patient care records
 

a.         Ambulance run or prehospital care record created each time a patient is transported by emergency vehicle and/or administered medical treatment:
RETENTION:                        6 years, or 3 years after individual treated and/or transported reaches age 18, whichever is longer

 

b.         Patient care data file, containing medical treatment and/or billing information on individual treated by emergency medical personnel:
RETENTION:                        6 years, or 3 years after individual treated and/or transported reaches age 18, whichever is longer

 

c.         Summary record of all patients treated and/or transported:
RETENTION:                        3 years

*2.[503]

Ambulance run or emergency medical treatment chronological log, or equivalent record:
RETENTION:                        6 years after last entry

**3.[504] Emergency medical training records, covering local government employees who receive training
 

a.         Application for training or certification filed by individual:
RETENTION:                        6 months

 

b.         Original entry training records, when posted to summary record:
RETENTION:                        1 year

 

c.         Original entry training records, when not posted to summary record:
RETENTION:                        7 years

 

d.         Summary record of training:
RETENTION:                        7 years

NOTE: Local officials may wish to keep these records longer, possibly for the career of the individual, if the records are consulted throughout that period.

 

e.         Course materials, except final or annual reports:
RETENTION:                        7 years after course completed

**4.[900] Emergency medical training records, covering local governments which are course sponsors, including but not limited to information on individuals, course files, and information on instructors, as required by Section 800.20, 10NYCRR
 

a.         Information on individuals and course files:
RETENTION:                        5 years

 

b.         Information on instructors:
RETENTION:                      5 years after working association of each instructor ceases

*5.[801]

Rescue and disaster response reports and related records, covering specific incidents:
RETENTION:        3 years, but not until 3 years after any minor involved attains age 18

NOTE:  Specific rescue and disaster response records should be appraised for historical value, and may warrant permanent retention, based on the serious nature of the incident involved.  These records may not be duplicated in disaster response files, covered by item no. 74 in the Civil Defense/Disaster Preparedness section. Contact the State Archives for additional advice.

*6.[802]

Emergency medical services reports, containing information on such subjects as specific types of medical emergencies, types of supplies used, and call frequency

 

a.       Reports containing billing information:
RETENTION:        7 years

 

b.       Reports not containing billing information:
RETENTION:        1 year

 

c.       Summary data received from New York State Department of Health:
RETENTION:        0 after no longer needed

 

Fire Fighting and Prevention

*1.[505]

Blotter or equivalent record providing summary information on all significant activities of a fire department or district:
RETENTION:        PERMANENT

*2.[506]

Log, journal or similar chronological record of all activity at a fire station:
RETENTION:        3 years after date of most recent entry

*3.[507]

Fire department or district incident listing or report, received from New York State Department of State

 

a.       When blotter or equivalent record is not kept by department or district:
RETENTION:        PERMANENT

 

b.       When incidents listed on printout are also shown on blotter or log:
RETENTION:        0 after no longer needed

 

c.       County fire coordinator's, marshal's or emergency services director's information copy:
RETENTION:        0 after no longer needed

*4.[508] Reports on fire-fighting activity, not including incident reports
 

a.       Reports dealing with serious incidents or problems, or major issues with long-term implications, such as covering overall status of fire-fighting apparatus, equipment and facilities, fire-fighting readiness capability and personnel performance evaluation, and fire casualty reports:
RETENTION:        PERMANENT

 

b.       Reports on routine activities, including but not limited to daily activity report, daily communications report, false alarm investigation report, and other periodic report, which contain information of legal or fiscal value:
RETENTION:        6 years

 

c.       Reports on routine activities, which do not contain information of legal or fiscal value, and reports which contain information duplicated in reports covered by part "a" or part "b," above:
RETENTION:        0 after no longer needed

 

d.       Informational reports received from county fire coordinator:
RETENTION:        0 after no longer needed

*5.[509] Fire investigation records
 

a.       First, second or third degree arson investigation records, disaster or casualty investigation records, or records of investigations of major fires or significant fires of suspicious origin:
RETENTION:        PERMANENT

 

b.       Fourth degree arson investigation records:
RETENTION:        10 years

 

c.       Routine fire investigation records, not covered by parts "a" or "b," above:
RETENTION:        3 years

 

d.       Master summary record of all fire investigations:
RETENTION:        PERMANENT

*6.[510] Fire mutual aid plan
 

a.       Final plan, including maps and other attachments:
RETENTION:        PERMANENT

 

b.       Background materials and supporting documentation used in producing final plan:
RETENTION:        3 years after final plan completed

**7.[511] Fire safety inspection records
 

a.         Master summary record of inspections performed:

                                    RETENTION:                        PERMANENT

 

b.         Report on inspection at school, public building, multifamily dwelling, or commercial or industrial facility and notice of violation:

                                    RETENTION:                        21 years

 

c.         Report on inspection of single family dwelling and notice of violation:

                                    RETENTION:                        6 years

*8.[512]

Fire evacuation plan, disaster response plan, fire drill report, fire safety survey, but not including mutual aid plan:
RETENTION:        3 years after superseded or obsolete

*9.[513] Fire hydrant records
 

a.       Master record of hydrant locations:
RETENTION:        0 after superseded

 

b.       Installation, repair, location, maintenance, inspection and replacement records:
RETENTION:        3 years after hydrant replaced, removed or use discontinued

*10.[516]

Copies of volunteer department or organization fund-raising records, maintained by municipality or fire district:
RETENTION:        6 years

*11.[517] Volunteer Firefighter Service Awards benefit plan
 

a.       Benefit plan (including all revisions):
RETENTION:        0 after superseded and no longer needed to determine benefits

 

b.       Drafts and supporting documentation used in producing and updating plan:
RETENTION:        1 year

*12.[518]

Annual report ("census of members") received from Volunteer Firefighters Insurance Service (VFIS):
RETENTION:        0 after superseding report received

*13.[519]

Summary records of volunteers listing credits earned and providing breakdown of types of services and how credits earned

 

a.       Annual summary report or listing:
RETENTION:        55 years

 

b.       Monthly or other periodic reports or listings:
RETENTION:        3 years

*14.[520] Volunteer Firefighter Service Awards records relating to individual volunteer
 

a.       Records showing credits earned and providing breakdown of types of services and how individual earned credits:
RETENTION:        6 years after individual leaves service

 

b.       Copy of initial and vested certificates of membership in awards plan:
RETENTION:        6 years after individual leaves service

 

 

c.       Copy of application to join service awards plan and/or life insurance plan, along with declination statement and related records:
RETENTION:        6 years after individual leaves service

 

d.       Beneficiary designation records:
RETENTION:        0 after superseded or obsolete

 

e.       Records relating to individual's challenge to plan's, department's or district's assignment or of number of points earned:
RETENTION:        3 years after appeal concluded or other disagreement otherwise resolved

*15.[803]

Controlled burn records, covering legally approved burning of leaves and debris permitted by fire department or district:
RETENTION:        3 years 

 

Law Enforcement: General

*1.[521]

Incident data summary record, including blotter, "desk record book," or equivalent record containing summary record of department or station activities:
RETENTION:        PERMANENT

*2.[529] Law enforcement reports, studies or data queries, including their documentation
 

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 or on specific kinds of criminal activity:
RETENTION:        6 years

NOTE:  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 SARA for additional advice.

 

b.       Reports, studies or queries having no legal or fiscal value, such as daily activity, individual officer "diaries," 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

NOTE:  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 SARA 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

*3.[523] Case investigation record, (for adult, juvenile offender, youthful offender or juvenile delinquent) including but not limited to complaint, investigation report, arrest report, property record, and disposition of the case
 

a.       For homicides, suicides, arson (first, second or third degree), missing persons (until located), 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":
RETENTION:        25 years after case closed

NOTE:  Appraise case investigation files for these felonies for historical and other research value, as well as for analysis of long-term trends.  Contact SARA for additional advice.

 

c.       For fourth degree arson and non-fatal 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

*4.[804]

Master summary record of case investigation information:
RETENTION:        0 after no longer needed to access case investigation records

NOTE:  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 SARA for additional advice.

*5.[524]

  Individual identification fileexcept 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

NOTE:  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.

 

a.       When offense involved was a crime (misdemeanor or felony):
RETENTION:        5 years after death of individual, or 0 after individual attains age 80, whichever is shorter, provided no arrest in the last 5 years

NOTE:  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 SARA 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

NOTE:  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.

NOTE:  Appraise these digital files for archival, legal and administrative value.  They may have long term value in criminal investigation.  Contact SARA and the Division of Criminal Justice Services for additional advice.

 

d.       Digital fingerprint file, containing digital images used to produce fingerprint cards:
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

*6.[805] Personal information data file
 

a.       Data on criminals and suspects:
RETENTION:        Retain data for 5 years after death of individual, or 0 after individual attains age 80, 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

*7.[806]

County- or region-wide arrest information cumulative data file, covering county- or region-wide area:
RETENTION:        Maintain as perpetual data file, with superseded or corrected data maintained for 3 years after data updated

*8.[807] Profiling reports and related records, including macros, workspaces or other files (including all documentation) created in profiling process
 

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

 

Law Enforcement: Personal Property

*1.[525] Personal property record
 

a.       For dangerous weapon, including but not limited to receipt, identification tag, and report of destruction:
RETENTION:        6 years after disposition of property, or 0 after disposition of any related case investigation records, whichever is longer

NOTE: Local law enforcement officials may wish to retain these records longer for investigative or other long-term administrative purposes.  See also item no. 555, below.

 

b.       For other property, including but not limited to receipt, confiscated currency report, identification tag, and report of public auction or destruction:
RETENTION:        6 years after disposition of property

*2.[528] Identification records for an individual person or for number-engraved property
 

a.       Personal identification card for an individual (Sheriff ID):
RETENTION:        3 years

 

b.       Property number assignment register:
RETENTION:        0 after obsolete

 

c.       Identification/validation records for missing or stolen property, license plates, licenses, registrations or ID cards (if not part of case investigation records):
RETENTION:        0 after no longer needed

3.[532]

Pawn shop records, including lists of pawn shops, purchase and sale reports and reports on stolen property:
RETENTION:        5 years

4.[550] Bicycle licensing or registration record
 

a.       When a fee is charged:
RETENTION:        6 years after expiration or renewal

 

b.       When no fee is charged:
RETENTION:        1 year after expiration or renewal

 

Law Enforcement: Firearms

*1.[553] Firearm licensing file, including application for license to sell, carry, possess, repair and dispose of firearms, and supporting records such as affidavit of character reference, and verification of reason for license
 

a.       When application is approved:
RETENTION:        6 years after license was renewed, canceled, revoked, or expired, or after individual is known to have deceased or reached age 90

 

b.       When application is disapproved, after any litigation is completed:
RETENTION:        6 months

2.[554]

Individual firearm purchase record:
RETENTION:        6 years

*3.[555]

Certificate of nondestruction of, or notice of intent to destroy, weapon or dangerous instrument, appliance, or substance, including results of New York State Police files search:
RETENTION:        6 years after disposition of property, or 0 after disposition of any related case investigation records, whichever is longer

NOTE: See also item no. 525, above.

*4.[557]

Records of issuance of firearms or other weapons to law enforcement personnel:
RETENTION:        3 years after return or other disposition of weapon

*5.[558]

Repair and maintenance records for firearms or other weapons used by law enforcement personnel:
RETENTION:        3 years after weapon no longer in use

*6.[808]

Record of stolen or missing firearms:
RETENTION:        0 after all firearms are located or destroyed

 

Law Enforcement: Motor Vehicles (including watercraft)

*1.[544]

Traffic and parking violation records, including parking, speeding or other appearance ticket (other than court's copy); officer's supporting deposition; parking violation hearing records; "boot and tow" records; and related records:
RETENTION:        2 years after any litigation has been completed

*2.[548] Speed-timing records
 

a.       Original record produced by radar or other speed-timing device:
RETENTION:        2 years after any litigation has been completed

 

b.       Records of use of speed-timing, such as radar activity log and reports of speed monitoring:
RETENTION:        3 years

NOTE:  These records may have long-term value in transportation planning, in providing information on average and excessive speeds for specific road segments.

 

c.       Calibration and other quality control and testing records for speed-timing devices:
RETENTION:        3 years after device no longer in use

*3.[545]

Vehicle accident case record, including vehicle accident report and related records, after any litigation has been completed:
RETENTION:        6 years, or 3 years after youngest individual involved attains age 18, whichever is longer

NOTE: This item does not cover the case investigation record.  See item no. 523, above.

*4.[546]

Vehicle history files, including information on specific vehicles or vehicle models, including those which have been involved in accidents or used in the commission of crimes:
RETENTION:        0 after no longer needed

*5.[547] Individual's driving and accident records
 

a.       Order, report, or notice concerning vehicle operator's license or registration, including but not limited to order of suspension or revocation of license, notice of compliance with order of suspension or revocation, notice of noncompliance, notice of restoration of license, and report of lost or stolen plates:
RETENTION:        3 years

 

b.       Driver's summary record of accidents, violations and other activities:
RETENTION:        0 after death of individual, or 90 years after date of birth, if death not verified

*6.[549]

Impounded or abandoned vehicle record, including but not limited to impound report, tow-away notice to owner, request for information to determine the last owner, notice to owner and lien holder(s) that vehicle has been taken into custody as abandoned, affidavit stating how ownership was acquired by municipality, transfer of ownership document, and bill of sale:
RETENTION:        6 years after disposition of vehicle by local government

7.[551]

Reports or other records of repossessed vehicles, not impounded by law enforcement agency:
RETENTION:        1 year

*8.[552] Vehicle towing records
 

a.       Lists of companies available for towing vehicles:
RETENTION:        0 after superseded or obsolete

 

b.       Contract or agreement with towing firm:
RETENTION:        6 years after expiration or termination

*9.[809]

Driver-vehicle examination report or equivalent record, created when local law enforcement agency conducts motor carrier safety inspection: 
RETENTION:        7 years

*10.[810]

Motor vehicle accident and other summary data, reports and other records:  
RETENTION:          6 years

NOTE:  Appraise these records for archival value.  These records may be useful in providing summary information on all motor vehicle accidents, and may reveal long-term trends and accident-prone areas and vehicles.  Contact SARA for additional advice.

 

Law Enforcement: Incarceration

*1.[537]

Master summary record of all prisoners committed and discharged:
RETENTION:        PERMANENT

*2.[811]

Prisoner data file:
RETENTION:        Maintain data for each prisoner 15 years after death or discharge of that prisoner

NOTE: If this record takes the place of the master summary record (item no. 537, above) then it must be retained permanently.

*3.[538] Prisoner case record
 

a.       Case records, including but not limited to commitment, general information history, presentence investigation reports, record sheets from other agencies, record of personal property taken from prisoner upon commitment, record of letters written and received, copies of general correspondence concerning prisoner, reports of infractions of rules, prisoner's health records, and suicide prevention screening records, but not including commissary records:
RETENTION:        15 years after death or discharge of prisoner

 

b.       Commissary records, including listing of items requested by prisoner, and prisoner transaction record:
RETENTION:        3 years

*4.[539]

Facility housing supervision records, including prisoners' activities log, including such information as identities of visitors, prisoners' phone calls and mail, and records of visits to cells by officers checking on condition of prisoners:
RETENTION:        3 years

*5.[540]

Prisoners' periodic work report listing names of prisoners by work assignments:
RETENTION:        3 years after all prisoners listed were discharged

*6.[541]

Complaint or incident report involving alleged prisoner abuse, injury, or similar occurrence showing description of the problem, identifying the individuals involved and stating the action taken, after any litigation has been completed:
RETENTION:        6 years, or 0 after individual involved attains age 21, whichever is longer

*7.[542]

Inspection, audit and other reports or studies, conducted by New York State Commission of Correction or other state or local agency, covering such subjects as jail conditions, compliance with State standards, and prisoner fatalities:
RETENTION:        6 years

NOTE:  Appraise these records for archival value.  Local officials should retain permanently any reports or studies documenting serious incidents or problems, such as prisoner fatalities.  Contact SARA for additional advice.

*8.[543] Reports relating to local correctional facility or lock-up
 

a.       Reports containing legal and fiscal information:
RETENTION:        6 years

NOTE:  Appraise these records for archival value.  Reports and studies analyzing facility prisoners, occupancy or conditions may be useful for long-term planning, analysis of trends in law enforcement, and for historical and other research.  Contact SARA for additional advice.

 

b.       Reports of short-term internal administrative value:
RETENTION:        0 after no longer needed

*9.[812]

Population counts, including daily census of prisoners:
RETENTION:        3 years

*10.[813]

Visitation records, including schedule of visits and visitor identification information:
RETENTION:        3 years

*11.[814] Dietary services records
 

a.       Food service records, including meal counts, roster of prisoners' dietorders, and dietary services studies:
RETENTION:        3 years

 

b.       Menus:
RETENTION:        1 year

*12.[815]

Health and sanitation inspection and related records, including records of action taken to correct any problems:
RETENTION:        6 years

*13.[816]

Review and censorship records for incoming printed materials and publications, including evaluations by staff and suitability determinations:
RETENTION:        3 years

*14.[817]

Prisoner exercise records, including schedule of exercise periods, results of exercise area searches and explanation of any limitations of exercise:
RETENTION:        3 years

*15.[818]

Application of change in maximum facility capacity, including determination from New York State Commission of Correction, facility staffing determinations, and related records
RETENTION:        3 years after superseded by subsequent change in capacity

*16.[819]

Substitute jail order issued by New York State Commission of Correction, authorizing the confinement of some of all prisoners in another correctional facility, and related records:
RETENTION:        3 years

NOTE:  Appraise these records for archival value.  These records may provide important information on conditions at the correctional facility which warrant the moving of prisoner(s) to another facility.  Contact SARA for additional advice.

 

Law Enforcement: Miscellaneous

*1.[522]

Warrant execution and subpoena or summons service records

 

a.       Original signature copies of arrest and other warrants executed by law enforcement agency:
RETENTION:        5 years after warrant executed or recalled

 

b.       Other warrant related records, including copies without original signatures and warrant control records:
RETENTION:        5 years after date of most recent entry in record

 

c.       Copies of subpoenas and summonses, and records of their service:
RETENTION:        2 years

 

d.       Warrant information file:
RETENTION:        Maintain data on each warrant as long as that warrant is valid

*2.[820]

Domestic violence records, covering single or multiple incidents, not relating to specific case investigation records, including domestic incident report, created pursuant to Section 140.10(5), Criminal Procedure Law, when no case investigation record is created:
RETENTION:        4 years

3.[535]

Results of alcohol and drug tests administered by law enforcement personnel, when not included in case investigation records:
RETENTION:        5 years

*4.[526]

Escort service record, including activities such as funeral, parade, military escort, escorting prisoner to and from court or jail, and delivery of blood to hospital:
RETENTION:        3 years

5.[527]

Vacant place check record, including vacant houses and other places to be checked during patrols:
RETENTION:        0 after obsolete

*6.[530]

Alcoholic beverage establishment sale and use reports, including checks of New York State Division of Alcoholic Beverage Control (ABC) violations:
RETENTION:        5 years

*7.[531] Parolee and sex offender records
 

a.       Lists of parolees or sex offenders living within a jurisdiction:
RETENTION:        0 after superseded or obsolete

 

b.       Detailed records on individual parolee or sex offender:
RETENTION:        0 after person's parole terminated

NOTE:  This does not include records created pursuant to the Sex Offender Registration Act, which are covered by item nos. 821 and 822, immediately below.

*8.[821]

Subdirectory of High-Risk (Level 3) Sex offenders:
RETENTION:        0 after superseded

NOTE: The Division of Criminal Justice Services (DCJS) strongly recommends the destruction of superseded information as soon as superseding information is received.

*9.[822] Sex offender registration records, including but not limited to official notification upon registration, change of address information, determination of final risk level, notification of error or change in jurisdiction, notification that offender is no longer registerable, annual address verification, 90 day personal verification (for level 3 offenders), and community notification information
 

a.       For level 1 or 2 offender, when offender remains in local law enforcement agency's jurisdiction:
RETENTION:        0 after death of individual, or 5 years after completion of registration period, whichever is earlier

 

b.       For level 1 or 2 offender, when offender has left local law enforcement agency's jurisdiction:
RETENTION:        0 after death of individual, or 5 years after offender leaves that jurisdiction, whichever is earlier

 

c.       For level 3 offender, when offender remains in local law enforcement agency's jurisdiction:
RETENTION:        0 after death of individual, or individual attains age 100

 

d.       For level 3 offender, when offender has left local law enforcement agency's jurisdiction:
RETENTION:        0 after death of individual, or 5 years after offender leaves that jurisdiction, whichever is earlier

*10.[533] Missing person records
 

a.       Missing person files, covering any records not included in case investigation records:
RETENTION:        10 years, or 0 after individual attains age 90, whichever is longer

 

b.       Validation records, received from and submitted to State Division of Criminal Justice Services (D.C.J.S.):
RETENTION:        6 months

*11.[823] Video tape or other recording of booking or arrest processing
 

a.       When litigation and/or criminal proceedings have commenced:
RETENTION:        3 years, but not until any individual has attained age 21, and not until 1 year after any litigation or criminal proceedings have concluded

 

b.       When litigation and/or criminal proceedings have not commenced:
RETENTION:        3 years, but not until any individual has attained age 21

*12.[824]

Copy of order of protection, filed with local law enforcement agency having jurisdiction, pursuant to Article 530, Criminal Procedure Law, and related records

 

a.       Copy of order of protection:
RETENTION:        6 months after order expires or otherwise becomes invalid

 

b.       List or similar record of orders of protection in effect in local jurisdiction:
RETENTION:        Maintain data on each order as long as that order is valid

*13.[825] Video tape or other recording taken from mobile unit
 

a.       When recording relates to specific case investigation:
RETENTION:        Retain as long as the case investigation to which the recording relates is retained

 

b.       When recording does not relate to specific case investigation, such as routine traffic stop: 
RETENTION:        6 months

NOTE:  Recordings of potentially important incidents may warrant longer retention for legal reasons, even if no case investigation has been initiated. Local law enforcement agencies should carefully review these recordings before destroying or reusing them.  In addition, recordings of specific pursuits, arrests and other serious incidents should be appraised for archival or long-term administrative value.  Contact the State Archives for additional advice.

**14.[536]

Child abuse or maltreatment reports and related records, reporting law enforcement agency copy, when not included in case investigation record:
RETENTION:        3 years

NOTE:  This item covers copies of child abuse and maltreatment reports and related records retained by law enforcement agencies reporting suspected abuse and maltreatment to the State Central Register or to child protective services units of county social services departments.  If these records are included in case investigation records, see item no. 523.

 

Law Enforcement: N.Y.S.P.I.N. and Related Records

*1.[826]

Lists and posters showing "most wanted" persons, and all points bulletins (APBs):
RETENTION:        0 after superseded or no longer needed

*2.[827]

N.Y.S.P.I.N. validation records, including monthly print-out received from New York State Police and related system entry validation records:
RETENTION:        13 months from date report received

*3.[828]

N.Y.S.P.I.N. system purging records, including "purge reports" received from New York State Police and records relating to data reentry:
RETENTION:        0 after any necessary data reentry completed

*4.[829]

N.Y.S.P.I.N. message records, covering any messages sent or received over N.Y.S.P.I.N. system:
RETENTION:        0 after no longer needed

NOTE: The State Archives and the State Police strongly recommend that local law enforcement agencies consider retaining significant messages as part of case investigation records.

*5.[830]

Daily "archive" information retained in electronic format (on diskettes) from N.Y.S.P.I.N. system:
RETENTION:        0 after no longer needed

NOTE: The State Archives and the State Police strongly recommend that local law enforcement agencies consider retaining archive diskette data as long as may be needed for convenience of reference.

*6.[831]

Log of all transactions, covering all data entry into N.Y.S.P.I.N. system:
RETENTION:        0 after no longer needed

NOTE: The State Archives and the State Police strongly recommend that local law enforcement agencies consider retaining electronic logs as long as may be needed for convenience of reference.

*7.[832] Individual person's authorization to use the N.Y.S.P.I.N. system
 

a.       Records created by local law enforcement agency, including records of individual's training and acknowledgment of test results:
RETENTION:        0 after individual no longer authorized to use the system

 

b.       Listing of authorized individuals, received from State Police:
RETENTION:        0 after no longer needed

*8.[833]

Miscellaneous paper records created from former version of N.Y.S.P.I.N. system in use prior to 1996:
RETENTION:        0 after no longer needed

 
Last updated
Wed, 2015-10-14 15:01