16-10-211. Record retention schedule.

16-10-211. Record retention schedule. (a) All towns, cities, and counties of the State of Arkansas shall maintain records for the district courts and are to: (1) Permanently maintain: (A) Case indices for all district courts; (B) Case dockets for all district courts; (C) Active warrants; (D) Waivers; (E) Expungement and sealed records; (F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and (G) Domestic battering files; (2) Maintain for a period of at least seven (7) years and in no event dispose of before being audited: (A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied; (B) Show cause orders; (C) Case information, including arrest reports and affidavits; and (D) Files concerning cases resulting in a suspended imposition of sentence; and (3) Maintain for a period of at least three (3) years and in no event dispose of before being audited: (A) Bank reconciliations; (B) Check book registers and check listings; (C) Cancelled checks; (D) Bank statements; (E) Receipts; (F) Deposit collection records; (G) Receipts listings; (H) Distribution reports; (I) Receipt and disbursement journals; (J) Time payment records; (K) Citation book logs; (L) Citation books from each police department and sheriff's office; (M) Served, recalled, or quashed arrest warrants; (N) Copies of citations; (O) Alternative service or community service time sheets; (P) Uniform filing fees collection remittance forms and fine reports; (Q) Miscellaneous fee and fine collection reports; and (R) Served or unexecuted search warrants. (b) After a town, city, or county has maintained records for the time periods required by subdivision (a)(2) or subdivision (a)(3) of this section and after the records described in subdivision (a)(2) or subdivision (a)(3) of this section have been audited, the records may be destroyed. (c) When records are destroyed under subsection (b) of this section, the town, city, or county shall document the destruction by the following procedure: (1) An affidavit is to be prepared stating: (A) Which records are being destroyed and to which period of time the records apply; and (B) The method of destruction; and (2) The affidavit is to be signed by the town, city, or county employee performing the destruction and one (1) employee of the governing body or, if applicable, governing bodies that contribute to the expenses of the court. (d) In addition to the procedure described in subsection (c) of this section, the approval of the governing body or, if applicable, governing bodies that contribute to the expenses of the court shall be obtained before the destruction of district court records and an appropriate note of the approval indicated in the minutes of the governing body or bodies along with the destruction affidavit.