§ 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 city courts and are to:
(1) Permanently maintain:
(A) Case indices for all courts;
(B) Case dockets for all courts;
(C) Unserved warrants;
(D) Waivers;
(E) Expungement and sealed records;
(F) Circuit court judgments;
(G) Files concerning convictions under the Omnibus DWI Act, 5-65-101 et seq.;
(H) Files concerning cases resulting in a suspended imposition of sentence; and
(I) Domestic battering files;
(2) Maintain for a period of at least seven (7) years and in no event dispose of prior to being audited:
(A) Records and reports of court costs;
(B) Fines and fees assessed and collected;
(C) Complete case files and written exhibits for all courts;
(D) Month-end settlements;
(E) Monthly distribution reports;
(F) Show cause orders;
(G) Case information, including arrest reports and affidavits; and
(H) Alternative service or community service time sheets; and
(3) Maintain for a period of at least three (3) years and in no event dispose of prior to being audited:
(A) Bank reconciliations;
(B) Check book registers;
(C) Cancelled checks;
(D) Bank statements;
(E) Receipts;
(F) Deposit collection records;
(G) Budget packets or books;
(H) Accounts payable;
(I) Payroll time sheets;
(J) Information concerning vacation and sick leave;
(K) Month-end payroll;
(L) Uniform traffic ticket books from each police department and sheriff's office; and
(M) Served warrants.
(b) After a town, city, or county has maintained records for the time periods required by subdivisions (a)(2) or (3) of this section and after the records described in subdivisions (a)(2) or (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) (A) For city court records, the affidavit described in subdivision (c)(1) of this section is to be signed by the town or city employee performing the destruction and one (1) town or city council member.
(B) For district court records, the affidavit described in subdivision (c)(1) of this section 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 which contribute to the expenses of the court.
(d) (1) In addition to the procedure described in subsection (c) of this section, the approval of the town or city council for destruction of documents shall be obtained prior to the destruction of city court records and an appropriate note of the approval indicated in the town or city council minutes along with the destruction affidavit.
(2) 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 prior to 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.