I have been planning on writing to LVA since GS17 was updated to ask that the Criminal Investigation retentions be revisited. I used 100771 in our records management classes as a prime example of a one size fits all retention period that failed to meet the needs of our locality. The previous 5 year period was too short to meet the needs of our Police Department in a number of areas so we had worked out the following retention periods:
 
Auto Theft   6 years
Child Abuse  30 years
Financial Crimes  7 years
Fugitives   6 years
Homicide  30 years
Runaways   6 years
Robbery    20 years
Sex Crimes  30 years 
 
We were amazed when the new schedules changed the period to a uniform 75 years. I won't repeat what my contact in the PD said. Let's just say it wasn't too flattering. Some criminal investigation records clearly need to be kept long term, but we are now stuck keeping most records way beyond the point at which they have any valid use. 
 
Todays change is a step in the right direction, but only barely. Most of us would probably agree that violent crimes should have a fairly long retention period and less severe crimes a shorter one. However using the IBR as a guide is a mistake. The IBR is a tool that was designed to standardize the way law enforcement agencies report data on crimes so that statistics could be compared across jurisdictions. It was never intended to define the comparative seriousness of crimes, and has absolutely no value to field investigators. IBR Group A lumps homicide, sex offenses, financial crimes, gambling, fraud, larceny, all stolen property crimes, and weapons offenses together. Honestly, does a misdemeanor concealed weapons charge really need to be retained for the same length of time as a murder or forcible rape case? One correction: Auto Theft is also a Group A offense according to the IBR, which means that we will still have the record about 70 years after the car in question has been crushed and melted and both owner and thief are dead.
 
Even some of the Group B offenses are pushing it at 10 years. What is the value of keeping a DUI investigation file after it has gone to court? Trespass?
 
Could LVA please reevaluate these two schedules with a view towards actually defining some meaningful catagories for criminal investigations? 
 
 
 
Brian A. Conley
Assistant County Archivist
Fairfax County Archives & Records Management Branch
(703) 658-3780
 

________________________________

From: Virginia Records Officer's Listserv [mailto:[log in to unmask]] On Behalf Of Wellman, Thomas (LVA)
Sent: Friday, July 17, 2009 2:54 PM
To: [log in to unmask]
Subject: GS-17: Law Enforcement Records UPDATE


Everyone:
 
The Library has approved an important update to General Schedule 17: Law Enforcement Records.  This update affects Investigative Case Files, and hopefully will ease the burden placed on law enforcement agencies during the last schedule revision in 2008.  The update affects the two series below, one of which is a new series.
 
Series 100771: Investigative Files, Case: Serious Offenses
This series documents the processes and results of individual criminal investigations covered by Group A of the Incident Based Reporting (IBR) Method.  This group includes, but is not limited to: murder, forcible rape, robbery, aggravated assault, property crimes drug offenses and other violent crimes.

Retention Period: Retain 75 years after close of investigation then destroy in compliance with No. 8 on schedule cover page.

 

This series previously included all Investigative Case Files and had a new retention of 75 years per the 2008 update.  Now this series has been changed to only apply to Serious Offenses as outlined in the description above.  The retention period for this series will remain 75 years.

 

Series 000266: Investigative Files, Case: Non-Serious Offenses

This series documents the processes and results of individual crimnial investigations covered by Group B of the IBR.  This group includes, but is not limited to:  trespassing, disorderly conduct, bad checks and liquor law violations.

Retention Period: Retain 10 years after close of investigation then destroy in compliace with No. 8 on schedule cover page.

 

This is a new series that will address investigations of a non-serious nature, such as trespassing, car-theft and bad checks.  These are offense outlined in the VSP's IBR Group B.  The retention period is still longer than the original 5-year, but should not pose such a burden to localities.

 

Both of these series were based upon the Virginia State Police's Incident-Based Reporting (IBR) requirements, which all localities use.  Therefore understanding how to differeniate between the two types should be easy.  It will ease the burden placed on may mid-size and small departments who felt the longer retention period would negatively affect storage space for paper files.

 

If you have any questions or comments please contact me.

 

Thank you,

Tom Wellman

 
"God's love and beauty are all around us, every day, if only we would take the time to look up and see"
- Matthias
 
J. Thomas Wellman
Records Analyst
Library of Virginia
800 East Broad Street
Richmond, VA 23219
804-692-3609
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