I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.  This policy is issued after meeting and conferring with all organizations representing employees affected by this policy.  This policy conforms to the statutory mandates as presented in Penal Code Section 1203.10, Welfare and Institutions Code Section 826(a) and the AOC Record Retention Policy.

II. PURPOSE

The purpose of this policy is to provide direction in the regular and lawful destruction of probation case files including Probation Collection / Finance case files.

 

III. APPLICABILITY

This policy applies to all Probation Department employees.

 

IV. BACKGROUND

Storage capacity dictates the need for the regular destruction of records.  However, records must be destroyed in a systematic manner taking into consideration the need to ensure that files with active court ordered debt collections and/or warrants are retained.  Further, probation case files are subject to statutory retention periods which must be followed.

V. GENERAL POLICY

1. Retention

    Adult case files shall be retained for no less than five (5) years after termination of probation.  Juvenile case files shall be destroyed five years from the date on which the jurisdiction of the Juvenile Court over a minor is terminated.  Adult Collection / Finance case files shall be destroyed five years from the date the case is closed.  Juvenile Collection / Finance case files shall be destroyed five years from the date the case is closed or at the specific date after the Juvenile Court orders a minor’s Juvenile records to be sealed.

2. Confirming Adult Cases are no Longer Active

    The following steps shall be taken prior to the destruction of any Adult case file.

   Confirm with the Revenue Recovery Unit that there are no active Court-ordered debt collections cases associated with the case file. Cases with active collections cases shall be forwarded to the Revenue Recovery Unit for review and scanning of pertinent collections information into their system; then the case file is to be returned to general clerical for destruction.  A notation shall be made in Monitor that the case was forwarded to the Revenue Recovery Unit and then purged.

•  Confirm that there are no active warrants.  Cases with active warrants shall be retained until the Probation Department is notified by the Courts that the warrants have been purged.

   

1. Destruction of case files.

   Destruction of any case file after the retention period may only be accomplished after confirming that the case is no longer active.

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.