2005 California Government Code Sections 68150-68153 CHAPTER 1.4. MANAGEMENT OF TRIAL COURT RECORDS

68150.  (a) Trial court records may be preserved in any form of
communication or representation, including optical, electronic,
magnetic, micrographic, or photographic media or other technology
capable of accurately producing or reproducing the original record
according to minimum standards or guidelines for the preservation and
reproduction of the medium adopted by the American National
Standards Institute or the Association for Information and Image
Management.
   Specifications for electronic recordings made as the official
record of the oral proceedings shall be governed by the California
Rules of Court.
   (b) No additions, deletions, or changes shall be made to the
content of the record.  The records shall be indexed for convenient
access.
   (c) A copy of the record preserved or reproduced according to
subdivisions (a) and (b) shall be deemed the original court record
and may be certified as a correct copy of the original record.
   (d) A court record preserved or reproduced in accordance with
subdivisions (a) and (b) shall be stored in a manner and in a place
that reasonably assures its preservation against loss, theft,
defacement, or destruction for the prescribed retention period under
Section 68152.  Electronic recordings made as the official record of
the oral proceedings shall not require a backup copy unless otherwise
specified in the California Rules of Court.
   (e) The court record that was reproduced in accordance with
subdivisions (a) and (b) may be disposed of in accordance with the
procedure under Section 68153, unless it is subject to subdivision
(f).
   (f) The following court records may be preserved or reproduced
under subdivisions (a) and (b) but shall also be preserved on paper,
microfilm, or in another form of communication or representation
approved by and in accordance with standards that are defined as
archival by the American National Standards Institute for the
duration of the record's retention period:
   (1) The comprehensive historical and sample superior court records
preserved for research under the California Rules of Court.
   (2) Court records that are preserved permanently.
   Court records that must be preserved longer than 10 years but not
permanently may be reproduced on media other than paper or microfilm
using technology authorized under subdivisions (a) and (b).  However
the records shall be reproduced before the expiration of their
estimated lifespan for the medium in which they are stored as
specified in subdivision (g).
   (g) Instructions for access to data stored on a medium other than
paper shall be documented.  Each court shall conduct a periodic
review of the media in which the court records are stored to assure
that the storage medium is not obsolete and that current technology
is capable of accessing and reproducing the records.  The court shall
reproduce records before the expiration of their estimated lifespan
for the medium in which they are stored according to minimum
standards and guidelines for the preservation and reproduction of the
medium adopted by the American National Standards Institute or the
Association for Information and Image Management.
   (h) Court records preserved or reproduced under subdivisions (a)
and (b) shall be made reasonably accessible to all members of the
public for viewing and duplication as would the paper records.
Reasonable provision shall be made for duplicating the records at
cost.  Cost shall consist of all costs associated with duplicating
the records as determined by the court.
68151.  The following definitions apply to this chapter:
   (a) "Court record" shall consist of the following:
   (1) All filed papers and documents in the case folder; but if no
case folder is created by the court, all filed papers and documents
that would have been in the case folder if one had been created.
   (2) Administrative records filed in an action or proceeding,
depositions, paper exhibits, transcripts, including preliminary
hearing transcripts, and tapes of electronically recorded proceedings
filed, lodged, or maintained in connection with the case, unless
disposed of earlier in the case pursuant to law.
   (3) Other records listed under subdivision (j) of Section 68152.
   (b) "Notice of destruction and no transfer" means that the clerk
has given notice of destruction of the superior court records open to
public inspection, and that there is no request and order for
transfer of the records as provided in the California Rules of Court.
   (c) "Final disposition of the case" means that an acquittal,
dismissal, or order of judgment has been entered in the case or
proceeding, the judgment has become final, and no postjudgment
motions or appeals are pending in the case or for the reviewing court
upon the mailing of notice of the issuance of the remittitur.
   In a criminal prosecution, the order of judgment shall mean
imposition of sentence, entry of an appealable order (including, but
not limited to, an order granting probation, commitment of a
defendant for insanity, or commitment of a defendant as a narcotics
addict appealable under Section 1237 of the Penal Code), or
forfeiture of bail without issuance of a bench warrant or calendaring
of other proceedings.
   (d) "Retain permanently" means that the original court records
shall never be transferred or destroyed.
68152.  The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
   (a) Adoption:  retain permanently.
   (b) Change of name:  retain permanently.
   (c) Other civil actions and proceedings, as follows:
   (1) Except as otherwise specified:  10 years.
   (2) Where a party appears by a guardian ad litem:  10 years after
termination of the court's jurisdiction.
   (3) Domestic violence:  same period as duration of the restraining
or other orders and any renewals, then retain the restraining or
other orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
   (4) Eminent domain:  retain permanently.
   (5) Family law, except as otherwise specified:  30 years.
   (6) Harassment:  same period as duration of the injunction and any
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
   (7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act):  30 years.
   (8) Paternity:  retain permanently.
   (9) Petition, except as otherwise specified:  10 years.
   (10) Real property other than unlawful detainer:  retain
permanently if the action affects title or an interest in real
property.
   (11) Small claims:  10 years.
   (12) Unlawful detainer:  one year if judgment is for possession of
the premises; 10 years if judgment is for money.
   (d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
   (1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules:  one year.
   (2) Voluntarily dismissed by a party without entry of judgment:
one year.
   Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
   (e) Criminal.
   (1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty):  retain permanently.  If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
   (2) Felony, except as otherwise specified:  75 years.
   (3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court:  five years.
   (4) Misdemeanor, except as otherwise specified:  five years.
   (5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified:  three years.
   (6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code:  10 years.
   (7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, or 23109 of the Vehicle Code:  five years.
   (8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code:  records shall be destroyed two years from
the date of conviction or from the date of arrest if no conviction.
   (9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance:  three years.
   (10) Infraction, except as otherwise specified:  three years.
   (11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
   (f) Habeas corpus:  same period as period for retention of the
records in the underlying case category.
   (g) Juvenile.
   (1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code.  Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
   (2) Ward (Section 601 of the Welfare and Institutions Code):  upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code.  Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
   (3) Ward (Section 602 of the Welfare and Institutions Code):  upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code.  Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
   (4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code):  upon reaching
age 21 or five years after jurisdiction over the person has
terminated under subdivision (c) of Section 826 of the Welfare and
Institutions Code.  May be microfilmed or photocopied.
   (5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
  upon reaching age 18 the records shall be destroyed.
   (h) Probate.
   (1) Conservatorship:  10 years after decree of termination.
   (2) Guardianship:  10 years after the age of 18.
   (3) Probate, including probated wills, except as otherwise
specified:  retain permanently.
   (i) Court records of the appellate division of the superior court:
  five years.
   (j) Other records.
   (1) Applications in forma pauperis:  any time after the
disposition of the underlying case.
   (2) Arrest warrant:  same period as period for retention of the
records in the underlying case category.
   (3) Bench warrant:  same period as period for retention of the
records in the underlying case category.
   (4) Bond:  three years after exoneration and release.
   (5) Coroner's inquest report:  same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
   (6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders:  three years.
   (7) Court reporter notes:  10 years after the notes have been
taken in criminal and juvenile proceedings and five years after the
notes have been taken in all other proceedings, except notes
reporting proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
   (8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court:  any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
   (9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court:  any time
either before or after final disposition of the case.
   (10) Index, except as otherwise specified:  retain permanently.
   (11) Index for cases alleging traffic violations:  same period as
period for retention of the records in the underlying case category.
   (12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
   (13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases:  same period as period for retention of the records in
the underlying case category.
   (14) Minutes:  same period as period for retention of the records
in the underlying case category.
   (15) Naturalization index:  retain permanently.
   (16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code):  same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
   (17) Register of actions or docket:  same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
   (18) Search warrant:  10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
   (k) Retention of any of the court records under this section shall
be extended as follows:
   (1) By order of the court on its own motion, or on application of
a party or any interested member of the public for good cause shown
and on those terms as are just.  A fee shall not be charged for
making the application.
   (2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
68153.  Upon order of the presiding judge of the court, court
records open to public inspection and not ordered transferred under
the procedures in the California Rules of Court, confidential
records, and sealed records that are ready for destruction under
Section 68152 may be destroyed.  Destruction shall be by shredding,
burial, burning, erasure, obliteration, recycling, or other method
approved by the court, except confidential and sealed records, which
shall not be buried or recycled unless the text of the records is
first obliterated.
   Notation of the date of destruction shall be made on the index of
cases or on a separate destruction index.  A list of the court
records destroyed within the jurisdiction of the superior court shall
be provided to the Judicial Council in accordance with the
California Rules of Court.