Retention Schedules

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Sheriff Records Retention Schedule

See also the General Records Retention Schedule.

Using this Records Retention Schedule

Everyday local government offices throughout Missouri produce records that document the rights of citizens, the actions of the government that serves them and the history of the community in which they live. It is the responsibility of local government to effectively maintain and manage these records and to ensure the continued preservation of those records of essential evidence that have enduring and permanent value.

The introduction to this retention schedule provides local government officials with basic information on records and the application of retention schedules.

What is a Record?
A " record " is defined as any "document, book, paper, photograph, map, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business" (109.210(5) RSMo). This definition includes those records created, used and maintained in electronic form.

Non-Records
Even though records include a broad spectrum of recorded information, not all recorded information is a record. According to Section 109.210(5) RSMo, the following are not records: "...Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records..."

Other examples of non-records include the following materials:

• Identical copies of documents maintained in the same file.
• Extra copies of printed or processed materials (official copies of which are retained by the office of record).
• Superseded manuals and other directives (maintained outside the office of record).
• Materials documenting employee fringe activities (blood donors, charitable funds, social and professional meetings, etc.)
• Work papers and drafts of reports or correspondence. Transcribed stenographic materials.
• Blank forms.
• Materials received from other activities that require no action (official copies of which are retained by the office of record).
• Catalogs, trade journals and other publications or papers received from government agencies, commercial firms or private institutions that require no action and are not part of an action case record.

Non-records do not require retention scheduling or destruction authorization or reporting. To control excessive accumulation, it is necessary to keep only current, useful materials and to destroy non-records immediately after needs have been satisfied. Avoid filing non-record material with records.

The Value of Local Government Records
Some records, because of their enduring administrative, fiscal, legal or historical value, should be permanently retained. These records require that special care and consideration be given to their storage conditions and the feasibility of preservation microfilming. Examples of permanent records include year-end reports; minutes; property records such as deeds; and birth, death and marriage records.

Most records do not have values that warrant their permanent preservation. Those records with short-term value should, upon reaching end of the retention period, be destroyed.

Statutory Authority for Establishing Records Retention Requirements
In 1965, the Missouri General Assembly established a State Records Commission to approve retentions for records produced by state agencies. In 1972, Missouri's Business and Public Records Law (Chapter 109) was expanded to include local government. Thus, the Missouri Local Records Board was established to set retention times for local government records. The 16-member board, chaired by the Secretary of State, consists of local government officials from all classes of counties and cities, elementary and secondary education, higher education and a person active in historical society groups.

Supplemental to the Local Records Board, the Records Management and Archives Service of the Secretary of State's office provides assistance to local governments and implements board policy.

Application of the Records Retention Schedule
This schedule establishes minimum retention periods and authorizes dispositions for many of the administrative, fiscal and legal records common to most local governments. Retention periods are based upon federal and state mandates, record surveys, business needs, and general knowledge as to how long records should be kept. Using the schedule as a guide and without seeking further approval from the Local Records Board, any local government may regularly dispose of any of its records that appear on this schedule. The schedule is subject to the following exceptions and limitations:

1. Local government offices may retain any of their records beyond the retention periods set by the schedule, as they deem necessary. The schedule establishes only a minimum period of retention. Before retaining a record longer than the minimum time required, however, the office should be certain that it has good reason to do so. Unnecessary retention of records can be expensive in space and filing equipment and may expose the office to costly litigation and discovery requirements.
2. This schedule does not relieve local governments of retention requirements mandated by other state and federal statutes and regulations. When such an obligation does exist, then the longer retention period takes precedence.
3. This schedule generally reflects audit requirements in its prescribed retention periods, but audits are not always completed in a timely fashion. Therefore, any record required for an audit must be retained until completion of that audit, regardless of its stated retention period in the schedule.
4. This schedule does not authorize destruction of records that could be deemed relevant to current or pending litigation.

Retention and disposition of records that are common to many offices are included in the General Schedule. Records unique to particular offices are addressed in individual office schedules. All schedules are available on the Secretary of State's website at http://www.sos.mo.gov/archives/localrecs/schedules .

Destruction of Records
The records classification and retention periods in this manual constitute legal authority for retention and disposal of official records. No records can be destroyed until they meet the minimum retention period listed in this manual. In cases where there is no schedule for a particular record series, the Local Records Board must grant permission for the destruction.

The disposition of records should be recorded in a document such as the minutes of the city council or other legally constituted authority that has permanent record status. The record should include the description and quantity of each record series disposed of, manner of destruction, inclusive dates covered and the date on which destruction was accomplished.

The retention schedule does not prescribe the method of destruction (shredding, burning, landfills, etc.), however, record series with a disposition of Destroy securely contain confidential data. These records should be destroyed under the supervision of a competent person(s) designated (or appointed) to ensure that no records fall into unauthorized hands and that the data cannot be reconstructed.

Preservation of Permanent Records
A fundamental, yet often neglected obligation of local government is to care for its permanent records-in this case, some of the records that it generates and receives. The records that have been identified as permanent require special handling and storage if they are to be preserved. The continuous interaction between a record's medium-paper, magnetic tape, film, etc. -and the quality of the environment in which it is kept-temperature, humidity, light, and air-determines the severity and rate of its deterioration.

By microfilming older, deteriorating, but permanently valuable records, local governments can generate durable copies for research and prevent further damage or deterioration of the original. When filmed, processed, and maintained to archival specifications, the master negative will ensure that permanently valuable records are preserved for generations to come.

The Missouri Local Records Grant program can provide financial assistance in the form of grants-in-aid to supplement local funds for preservation initiatives, such as archival supplies, shelving and preservation microfilming.

A Note about Electronic Records
Permanent records that exist solely in electronic form (CDs, magnetic tape, floppy disks, hard drives, etc.) are in danger of becoming inaccessible. Media decay, hardware and software obsolescence are real threats to the continued preservation and accessibility of essential records. Periodic migration and transfer to a stable preservation media such as microfilm must be implemented if local government is to fulfil its statutory responsibility for maintaining permanent records.

Modifications and Additions
Because records reflect activities that are constantly changing, the retention requirements for them sometimes require revision as well. Consequently, records retention and disposition schedules often need modification or additions in order to be realistic and effective. Furthermore, because local governments are so large, it is impractical to consult with every office regarding specific schedule entries. There may be some retention periods and disposition requirements within this schedule that fail to account for all relevant factors and there may be some important record series not addressed here which need to be added. The Local Records Program welcomes all comments and suggestions concerned with improvement of record retention schedules through modifications and additions.

For further information on any records management or preservation issue, please contact:

Missouri Secretary of State
Local Records Preservation Program
PO Box 1747, Jefferson City, MO 65101-1747
Telephone: (573) 751-9047
Fax: (573) 526-3867

Sheriff Records Retention Schedule

See also the General Records Retention Schedule.

Record Series Title	Retention
Accident Reports Note statute of limitations, RSMo 516.120 and 10 year exception in 516.110.	5 years
Application for gun permit	Completion of audit plus 1 year
Arrest record cards - Misdemeanor	1 year
Arrest record cards - Class B felony or lower	3 years
Arrest record cards - Class A felony or murder	75 years
Arrest record cards (juvenile)	Destroy after individual is 18 years of age
Audits conducted by county auditor	1 year
Card file on misdemeanor arrests - Record information is in MULES	1 year
Commitments for failure to pay (on fines where money is still owed) Financial records are handled by circuit clerk	Completion of audit
Complaints - See RSMo 556.036-.037
Complaints - Misdemeanor	1 year
Complaints - Class B felony or lower	3 years
Complaints - Sex crime involving person under the age of 18	10 years after the victurm reaches the age of 18
Complaints - Class A felony or murder	75 years
(For exceptions refer to RSMo 556.036)
Crime Reports Also known as incident reports
Crime Reports - Misdemeanor	1 year
Crime Reports - Class B felony or lower	3 years
Crime Reports - Sex Crime involving persons under 18	10 years after the victurm reaches the age of 18
Crime Reports - Class A felony or murder	75 years
Extradition files - These are primarily financial records	Completion of audit
Felony criminal history files - See RSMo 556.036-.037
Felony criminal history files - Misdemeanor	1 year
Felony criminal history files - Class B felony or lower	3 years
Felony criminal history files - Sex crime involving persons under 18	10 years after the victim reaches the age of 18
Felony criminal history files - Class A felony or murder	75 years
Gun acquisition permits issued	Completion of audit plus 1 year
General execution sale - Surplus property sales	Completion of audit
General log of all activities in jail area (when cell blocks are checked, when prisoners are taken to the hospital, courts, etc.; see RSMo 516.120)	5 years
Grand jury reports - These transfer to the circuit clerk	Destroy in current area
Gun permit index cards or gun permit log - Gun log or ledger	75 years
Gun permit index cards or gun permit log - After 1997 stolen gun data is in MULES	1 year
Inmate files - (includes incarceration, medical history, personal property files, inmate finance account record, confinement orders, personal history etc.	5 years
Inmate files - For financial records, if separate from the inmate case files	Completion of audit
Jail record ledger book	Completion of audit
Juvenile records - These are confidential case files	Destroy after subject is 18 years of age
Ledger of all garnishments and sequestrations served, monies collected and disbursements to the courts (data is with the circuit clerk)	Completion of audit
Log books (contains medical care given prisoners, phone calls made and received by prisoners, mail sent and received by prisoners, visitors allowed to see prisoners.)	5 years
Log book of civil and criminal fees owed for Service, with record of payment	Completion of audit
Log book of warrants received by date, date served and by whom	Completion of audit
Log of subpoenas received (shows date served and by whom)	Completion of audit
Misdemeanor arrest files (If not acted upon by the Prosecuting Attorney in 30 days, files are Destroy in Current Area)	1 year
Officers reports (a daily log)	5 years
Outstanding warrants - Misdemeanor	1 year
Outstanding warrants - Class B felony	3 years
Outstanding warrants - Class A felony or Murder	75 years
Partition sales files	Completion of audit
Permits to sell guns (Permit has to be renewed every 3 years)	Completion of audit plus 3 years
Record of deputy sheriff commissions issued - Personnel records are in county clerk's office; Commissions should be entered into the county court minute book.	5 years
Record of prisoners delivered to state Department of Corrections; includes Fulton Diagnostic Center	Completion of Audit
Traffic Ticket	2 years
Carbon Copies of Printouts on Computer Terminals	1 year
Charges Not Filed and Dismissed	1 year
Daily Report of Prisoner Location in Cell Area	1 year
Entry Sheets (Warrants entered in the computer)	1 year
Full Order of Protection known also as Adult Abuse Order/ExParte Order/Restraining Order	1 year after termination of order
Jailors' and Officers Daily Activity Reports	1 year
Notification of Prisoners on Temporary Leave from the Department of Corrections	1 year
Original Copies of Computer Messages Sent and Received	1 year
Preliminary Reports (first record made when citizen calls in a complaint)	1 year
911 Recording Tapes and video systems in police cars - Managers should extract significant information that may impact criminal or major case investigation prior to re-using the tape	30 days and evaluate
Crime Prevention Programs	1 year after completion of audit
Copies of Garnishments Served With Record of Money Received and Disbursed	Completion of audit
Copies of Sequestrations Served With Record of Money Received and Disbursed	Completion of audit
Garnishment and Sequestration Ledger Cross Reference Card File	Completion of audit
General Executions from Courts (on which money is still owed)	Completion of audit
Jury List	Completion of audit
Month end Tally of Money in Escrow on Garnishments and Sequestrations not yet Returnable	Completion of audit
Monthly Activity Reports (monthly report of miles traveled, papers served, warrants served, arrests made, traffic summons issued, meals served by jail kitchen and number of prisoners housed.)	Completion of audit
Monthly Record of Jail Days Served by Prisoners	Completion of audit
Payroll Requisitions	Completion of audit
Quarterly Jail Reports to Circuit Judges	Completion of audit
Record of Bonds Collected and Turned Over to the Courts	Completion of audit
Record of Fees Received From U.S. Marshal for Housing Federal Prisoners	Completion of audit
Record of Restitution Collected and Disbursed to Merchants	Completion of audit
Record of Witness Fees Paid to Witnesses on Criminal Cases	Completion of audit
Missouri Offender Registration Three are three basic documents under RSMo 589.400-425;Missouri Offender Registration Card; Missouri Offender Registration Change of Address/Statement; and Missouri Offender Registration Notice. The Missouri Highway Patrol keeps all the information and it is available to local law enforcement. The local documents are "copies" and may be retained or destroyed at the discretion of the local office.	Reference
Statutory Notice and Demand for Payment of Dishonored Check	Destroy in current area