LOCAL SCHEDULE DC

RETENTION SCHEDULE FOR RECORDS OF DISTRICT CLERKS

(Third Edition, Effective August 14, 2011)
13 TAC §7.125(b)(4)

View this document as a PDF


This schedule establishes mandatory minimum retention periods for records series (identified in the Records Series Title column) that are associated with the office of the District Clerk. No local government office may dispose of a record listed in this schedule prior to the expiration of its retention period. A records control schedule of a local government may not set a retention period that is less than that established for the record in this schedule. Original paper records may be disposed of prior to the expiration of their minimum retention periods if they have been microfilmed or electronically stored pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205, as applicable, and rules of the Texas State Library and Archives Commission adopted under those chapters. Actual disposal of such records by a local government is subject to the policies and procedures of its records management program.

Destruction of local government records contrary to the provisions of the Local Government Records Act of 1989 and administrative rules adopted under it, including this schedule, is a Class A misdemeanor and, under certain circumstances, a third degree felony (Penal Code, Section 37.10).  Anyone destroying local government records without legal authorization may also be subject to criminal penalties and fines under the Public Information Act (Government Code, Chapter 552).

INTRODUCTION

The Government Code, Section 441.158, provides that the Texas State Library and Archives Commission shall issue records retention schedules for each type of local government, including a schedule for records common to all types of local government. The law provides further that each schedule must state the retention period prescribed by federal or state law, rule of court, or regulation for a record for which a period is prescribed; and prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the commission.

The retention period for a record applies to the record regardless of the medium in which it is maintained. Some records listed in this schedule are maintained electronically in many offices, but electronically stored data used to create in any manner a record or the functional equivalent of a record as described in this schedule must be retained, along with the hardware and software necessary to access the data, for the retention period assigned to the record, unless backup copies of the data generated from electronic storage are retained in paper or on microfilm for the retention period. This includes electronic mail (email), websites and electronic publications.

Unless otherwise stated, the retention period for a record is in calendar years from the date of its creation. The retention period, again unless otherwise noted, applies only to an official record as distinct from convenience or working copies created for informational purposes. Where several copies are maintained, each local government should decide which shall be the official record and in which of its divisions or departments it will be maintained. Local governments in their records management programs should establish policies and procedures to provide for the systematic disposal of copies.

A local government record whose retention period has expired may not be destroyed if any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record is initiated; its destruction shall not occur until the completion of the action and the resolution of all issues that arise from it.

A local government record whose retention period expires during any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record may not be destroyed until the completion of the action and the resolution of all issues that arise from it.

If a record described in this schedule is maintained in a bound volume of a type in which pages were not meant to be removed, the retention period, unless otherwise stated, dates from the date of last entry.

If two or more records listed in this schedule are maintained together by a local government and are not severable, the combined record must be retained for the length of time of the component with the longest retention period. A record whose minimum retention period on this schedule has not yet expired and is less than permanentmay be disposed of if it has been so badly damaged by fire, water, or insect or rodent infestation as to render it unreadable, or if portions of the information in the record have been so thoroughly destroyed that remaining portions are unintelligible. If the retention period for the record ispermanent in this schedule, authority to dispose of the damaged record must be obtained from the Director and Librarian of the Texas State Library and Archives Commission. A Request for Authority to Destroy Unscheduled Records (Form SLR 501) should be used for this purpose.

Certain records listed in this schedule are assigned the retention period of AV (as long as administratively valuable). This retention period affords local governments the maximum amount of discretion in determining a specific retention period for the record described.

Use of Asterisk (*)

The use of an asterisk in this third edition of Local Schedule DC indicates that the record is either new to this edition, the retention period for the record has been changed, or amendments have been made to the description or remarks concerning the record.  An asterisk is not used to indicate minor amendments to grammar or punctuation.

ABBREVIATIONS USED IN THIS SCHEDULE

AR - After release, replacement, termination, or cancellation of

the instrument; or if recorded, of all instruments in volume

AV - As long as administratively valuable

FE - Fiscal year end

US - Until superseded

Table of Contents

RECORDS OF DISTRICT CLERKS: Retention Notes

Part 1:  Civil Case Records

Part 2:  Tax Suit Records

Part 3:  Family Law Case Records

Part 4:  Juvenile Records

Part 5:  Criminal Case Records

Part 6:  Multi-Case/Multi-Court Records

Part 7:  Miscellaneous Court Records

Part 8:  Jury Records

Part 9:  Grand Jury Records

Part 10:  Naturalization Records

Part 11:  Administrative and Financial Records

Part 12:  Business and Professional Records

Part 13:  Miscellaneous Records


RECORDS OF DISTRICT CLERKS

 

RETENTION NOTES: (a) SCOPE OF THIS PART - In some counties, the district clerk, by law, serves either as the exclusive clerk to one or more statutory county courts, as clerk in cases concerning family law only, or as clerk in cases concerning family law and in civil and/or criminal cases in which the court has concurrent jurisdiction with district courts. The district clerk must follow the minimum retention periods in Local Schedule CC (Records of County Clerks) for records of any county court at law to which he or she is clerk that are not covered in this schedule. The district clerk must follow the retention periods in this volume for records relating to family law matters heard in a county court at law to which he is clerk.

(b) MEANING OF FINAL JUDGMENT - For retention dating purposes, the use of the term "final judgment" in retention periods, unless otherwise qualified, means:

(1) Civil and Family Law Cases - From the date judgment signed in a district court or the court of jurisdiction if a foreign judgment; or if new trial or further proceedings granted on motion or mandated on appeal, from date judgment rendered and signed in new trial or further proceedings; or if appealed and judgment of trial court affirmed, modified, or rendered as it should have been rendered, or appeal dismissed, from date mandate or notice of dismissal received from appeals court; whichever applicable.

(2) Criminal Cases - From the date judgment signed in a district court; or if new trial or further proceedings granted on motion or mandated by reversal on appeal, from date judgment rendered and signed in new trial or further proceedings; or if appealed and judgment of trial court affirmed or judgment of acquittal issued or appeal dismissed, from date mandate or notice of dismissal received from appeals court; whichever applicable.

(3) Juvenile Cases - State laws provide that appeals from decisions in these types of hearings shall be governed by the Rules of Civil Procedure and the Rules of Appellate Procedure, and the dating of final judgment should follow the guidelines set out in (b)(1) above.

(c) HISTORIC COURT RECORDS RETENTION REQUIREMENTS - Notwithstanding the retention periods set down in this schedule, the following records must be retained PERMANENTLY:

1) all case papers dated 1950 or earlier and trial dockets containing entries dated 1950 or earlier;

2) case papers and trial dockets from any period if the minutes of the case have been lost or destroyed; and

3) case papers in a case from any period that, because of its notoriety or significance, might possess enduring value.

(d) FINGERPRINTS- Code of Criminal Procedure, art. 38.33, requires that the fingerprint of a person convicted of a Class A misdemeanor or a felony be placed on the judgment or docket sheet. The fingerprint is meant to serve as an aid to the identification of a person for use as evidence of prior convictions. The amended article applies only to convictions had on or after 1 September 1987. Because of the long retention periods set for the various records concerning felony cases in this section, this note is concerned only with misdemeanor records in district courts.

If the fingerprint appears on a misdemeanor judgment sheet or an order for probation that is incorporated directly into the Criminal Minutes [2125-08] or the District Court Minutes [2150-07] none of the retention periods listed in this manual is affected, but if the only copy of the fingerprint appears on a document in either of the following two categories, then the document must be retained 20 years after final judgment or after last entry as applicable.

Category 1 - On a misdemeanor docket sheet in the Criminal Docket [2125-06] or the Criminal File Docket - Type IV [2125-07], or on a separate docket sheet filed with the Criminal Case Papers [2125-05].

Category 2 - On a misdemeanor judgment or an order for probation filed with the Criminal Case Papers [2125-05] and not directly incorporated into the Criminal Minutes [2125-08] or the District Court Minutes [2150-07].

The 20-year retention required for documents in Categories 1 and 2 applies only to those documents or portions of a docket, judgment, or order created on or after 1 September 1987 and containing the only copy of the fingerprints of convicted persons. It does not apply to any documents in the same categories created on or before 31 August 1987.

(e) RETENTION OF CIVIL EXHIBITS AND DEPOSITIONS - Exhibits and depositions in civil cases must be retained and disposed of in accordance with the following orders of the Texas Supreme Court, unless a county has obtained a modified order from the Supreme Court amending the procedure for that county.

(1) Exhibits: In compliance with the provisions of Texas Rules of Civil Procedure 14b, the Supreme Court hereby directs that exhibits offered or admitted into evidence shall be retained and disposed of by the clerk of the court in which the exhibits are filed upon the following basis.

This order shall apply only to:

(1) those cases in which judgment has been rendered on service of process by publication and in which no motion for new trial was filed within two years after judgment was signed; and,

(2) all other cases in which judgment has been signed for one year and in which no appeal was perfected or in which a perfected appeal was dismissed or concluded by a final judgment as to all parties and the issuance of the appellate court's mandate such that the case is no longer pending on appeal or in the trial court.

The party who offered an exhibit may withdraw it from the clerk's office within thirty days of the later of (1) a case becoming subject to this order, or (2) the effective date of this order. The clerk, unless otherwise directed by the court, may dispose of any exhibits remaining after such time period.

The order was effective June 2005.

(2) Deposition Transcripts and Depositions Upon Written Questions: In compliance with the provisions of Rule 191.4(e), Texas Rules of Civil Procedure, the Supreme Court hereby directs that deposition transcripts and depositions upon written questions be retained and disposed of by the clerk of the court in which the same are filed upon the following basis.

This order shall apply only to:

(1) those cases in which judgment has been rendered on service of process by publication and in which no motion for new trial was filed within two years after judgment was signed; and,

(2) all other cases in which judgment has been signed for one year and in which no appeal was perfected or in which a perfected appeal was dismissed or concluded by a final judgment as to all parties and the issuance of the appellate court's mandate such that the case is no longer pending on appeal or in the trial court.

The party who offered a deposition transcript or deposition upon written questions may withdraw it from the clerk's office within thirty days of the later of (1) a case becoming subject to his order, or (2) the effective date of this order. The clerk, unless otherwise directed by the court, may dispose of any deposition transcript or deposition upon written questions remaining after such time period.

The order was effective June 1, 2005.

* (f) RETENTION OF CRIMINAL EXHIBITS - Exhibits in criminal cases in which a person was convicted must be retained and disposed of in accordance with the following provisions of the Code of Criminal Procedure, art. 2.21:

(1) To be eligible for disposal the exhibit must not be contraband or a firearm, must not have been ordered by the court to be returned to its owner, must not contain biological material (see paragraph 5 of this note), and is not an exhibit in another pending criminal action.

(2) An eligible exhibit may be disposed of on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor or a felony for which the sentence imposed by the court is five years or less; or on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a non-capital felony for which the sentence imposed by the court is greater than 5 years.

(3) Prior to disposal, county and district clerks in a county with a population of less than 1.7 million must provide written notice by mail to the attorney representing the state and the attorney representing the defendant of the intent to dispose. If a request for return is not received from either attorney before the 31st day after the date of notice, the clerk may dispose of the exhibit.

(4) County and district clerks in a county with a population of 1.7 million or more may dispose of an eligible exhibit on the date provided in (2) if on that date the clerk has not received a request for the exhibit from either the attorney representing the state or the attorney representing the defendant.

(5) If the exhibit contains biological material:

(a) In a criminal case in which a defendant is convicted, the attorney representing the state, a clerk, or any other officer in possession of evidence described by Subsection (b) shall ensure the preservation of the evidence.

(b) This article applies to evidence that:

(1) was in the possession of the state during the prosecution of the case; and

(2) at the time of conviction was known to contain biological material that if subjected to scientific testing would more likely than not:

     (A) establish the identity of the person committing the offense; or

     (B) exclude a person from the group of persons who could have committed the offense.

(c) Except as provided by Subsection (d), material required to be preserved under this article must be preserved:

(1) until the inmate is executed, dies, or is released on parole, if the defendant was convicted of a capital felony; or

(2) until the defendant dies, completes the defendant's sentence, or is released on parole or mandatory supervision, if the defendant is sentenced to a term of confinement or imprisonment.

(d) The attorney representing the state, clerk, or other officer in possession of evidence described by Subsection (b) may destroy the evidence, but only if the attorney, clerk, or officer by mail notifies the defendant, the last attorney of record for the defendant, and the convicting court of the decision to destroy the evidence and a written objection is not received by the attorney, clerk, or officer from the defendant, attorney of record, or court before the 91st day after the later of the following dates:

(1) the date on which the attorney representing the state, clerk, or other officer receives proof that the defendant received notice of the planned destruction of evidence; or

(2) the date on which notice of the planned destruction of evidence is mailed to the last attorney of record for the defendant.

PART 1:  CIVIL CASE RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2025-01

APPEARANCE DOCKET (CALL DOCKET)

Docket books or sheets of civil suits filed in a district court used to call cases on appearance day. 

3 years.

 

DC2025-02

CIVIL BAR DOCKET

Docket books or sheets of civil suits filed for the use of attorneys. 

AV. 

 

DC2025-03

CIVIL CASE PAPERS

Documents relating to civil proceedings (including pre-trial, preliminary, or interlocutory proceedings or hearings) and of scire facias and ancillary civil proceedings, except condemnation, family law, and juvenile delinquency cases, heard or received as a foreign judgment.

   

DC2025-03a

CIVIL CASE PAPERS

Cases dismissed on motion of plaintiff, for want of prosecution, or for other reasons within the court’s power.

(1) Case papers dated 1950 or earlier.

(2) Case papers dated after 1950.

PERMANENT

Dismissal + 3 years.

Retention Note: Prior to disposal civil case papers dated after 1950 must be appraised by the district clerk for historical value and those determined by the clerk to merit retention for historical reasons must be retained PERMANENTLY. Some civil case papers may merit permanent retention because they provide significant documentation of the history of the local community or the state.

District clerks should consult with local historical or genealogical societies or other knowledgeable persons in the county to assist with the appraisal.

*DC2025-03b

CIVIL CASE PAPERS

All other case papers.

(1) Case papers dated 1950 or earlier.

(2) Case papers dated after 1950. 

PERMANENT.

Final judgment + 20 years or, if applicable to the case, 12 years from date judgment revived, whichever longer, providedthat at the time of disposal (1) no discovery proceedings are underway in the case and (2) the judgment and mandate (if applicable) have been entered of record in a permanent minute book of the court.

See retention note (c) on page 5.

Retention Note: Prior to disposal civil case papers dated after 1950 must be appraised by the district clerk for historical value and those determined by the clerk to merit retention for historical reasons must be retained PERMANENTLY. Some civil case papers may merit permanent retention because they provide significant documentation of the history of the local community or the state.

District clerks should consult with local historical or genealogical societies or other knowledgeable persons in the county to assist with the appraisal.

*DC2025-03c

CIVIL CASE PAPERS

Exhibits and depositions. 

See retention notes (c) on page 5 and (e) on page 6.

Retention Note: Prior to disposal exhibits and depositions dated after 1950 must be appraised by the district clerk for historical value and those determined by the clerk to merit retention for historical reasons must be retained PERMANENTLY. Some civil case papers may merit permanent retention because they provide significant documentation of the history of the local community or the state.

District clerks should consult with local historical or genealogical societies or other knowledgeable persons in the county to assist with the appraisal.

DC2025-03d

CIVIL CASE PAPERS

Bills of cost under both (a) and (b). 

FE of final payment + 3 years.

 

*DC2025-03e

CIVIL CASE PAPERS

Clerk’s Record (formerly called transcripts) and Court Reporter Record (formerly called statements of fact) from the district court on appeal. 

AV.

Retention Note:Prior to disposal, civil case papers, dated after 1950, must be appraised by the district clerk for historical value and those determined by the clerk to merit retention for historical reasons must be retained PERMANENTLY. Some civil case papers may merit permanent retention because they provide significant documentation of the history of the local community or the state.

District clerks should consult with local historical or genealogical societies or other knowledgeable persons in the county to assist with the appraisal.

DC2025-03f

CIVIL CASE PAPERS

Citations, waivers of citation, subpoenas, witness attachments, returns, and applications for such process.

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2025-03g

CIVIL CASE PAPERS

Appeal, cost, supersedeas, or similar surety bonds or certificates of deposit or affidavits in lieu thereof.

3 years after final judgment rendered or proceedings otherwise terminated in the case. 

 

DC2025-04

CIVIL DOCKET (CIVIL DOCKET-DISPOSED)

 

PERMANENT.

 

DC2025-05

CIVIL FILE DOCKET (CIVIL DOCKET-PENDING)

Original entry docket books or sheets of civil cases.

   

DC2025-05a

CIVIL FILE DOCKET (CIVIL DOCKET-PENDING)

TYPE I - File docket, which does not contain an account of fees due, whose contents are transcribed into a docket of disposed cases after adjudication. 

AV after transcription. 

 

DC2025-05b

CIVIL FILE DOCKET (CIVIL DOCKET-PENDING)

TYPE II - File docket, which does contain an account of fees due, whose contents, except those relating to fees, are transcribed into a docket of disposed cases after adjudication.

FE + 5 years.

 

DC2025-05c

CIVIL FILE DOCKET (CIVIL DOCKET-PENDING)

TYPE III - Non-transferred sheets of a file docket, which does not contain an account of fees due, whose sheets are transferred to a docket of disposed cases as the case moves from pending to disposed.

3 years.

 

DC2025-05d

CIVIL FILE DOCKET (CIVIL DOCKET-PENDING)

TYPE IV - File docket, which may or may not contain an account of fees due, whose contents are not transcribed or whose sheets are not transferred, but which serves as a combination pending and disposed docket.

PERMANENT.

By rule of court - Rules of Civil Procedure, Rule 26

DC2025-06

CIVIL MINUTES

 

PERMANENT.

 

DC2025-07

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

     

DC2025-07a

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

Cases dismissed on motion of plaintiff, for want of prosecution, or for other reasons within the court’s power.

Dismissal + 3 years.

 

DC2025-07b

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

All other cases.

See retention note.

Retention Note:  Condemnation case papers must be retained for 10 years after entry of judgment approving award of special commissioners on the minutes of the court in the absence of objection or after final judgment rendered or proceedings otherwise terminated in court in trial of the cause, whichever applicable, except if suit is dismissed on motion of condemnor, the award of the special commissioners must be retained PERMANENTLY or, if it is entered of record in any subsequent suit, until the expiration of the retention period applicable to the records of that suit, whichever sooner.

*DC2025-07c

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

Exhibits and depositions. 

See retention note (e) on page 6.

 

DC2025-07d

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

Bills of cost under both (a) and (b). 

FE of final payment + 3 years.

 

DC2025-07e

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

Citations, waivers of citation, subpoenas, witness attachments, returns, and applications for such process

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2025-07f

CONDEMNATION CASE PAPERS (EMINENT DOMAIN CASE PAPERS)

Appeal, cost, supersedeas, or similar surety bonds or certificates of deposit or affidavits in lieu thereof.

3 years after final judgment rendered or proceedings otherwise terminated in the case. 

 

DC2025-08

JURY DOCKET (JURY TRIAL DOCKET)

Docket books or sheets of civil suits in which juries have been requested.

PERMANENT.

By rule of court - Rules of Civil Procedure, Rule 26.

*DC2025-09

SUBPOENAS

Stub books, copies, or recorded copies of civil subpoenas issued.

5 years.

 

 

PART 2: TAX SUIT RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2050-01

CIVIL BAR DOCKET

Docket books or sheets of delinquent tax suits filed for the use of attorneys.

AV.

 

DC2050-02

DELINQUENT TAX CASE PAPERS

Documents relating to delinquent tax cases. 

Follow retention periods for Civil Case Papers [DC2025-03].

 

DC2050-03

DELINQUENT TAX DOCKET (DELINQUENT TAX DOCKET-DISPOSED)

 

PERMANENT. 

By rule of court - Rules of Civil Procedure, Rule 26.

DC2050-04

DELINQUENT TAX FILE DOCKET (DELINQUENT TAX DOCKET-PENDING)

Original entry docket books or sheets of delinquent tax cases.

Follow retention periods for Civil File Docket [DC2025-05].

 

DC2050-05

DELINQUENT TAX MINUTES

 

PERMANENT. 

 

DC2050-06

ORDER OF SALE RECORD (ORDER OF SALE DOCKET)

 

PERMANENT. 

 

 

PART 3: FAMILY LAW CASE RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2075-01

ADOPTION CASE PAPERS

Documents relating to adoption, annulment of adoption, and revocation of adoption proceedings.

   

DC2075-01a

ADOPTION CASE PAPERS

Cases dismissed on motion of petitioner, for want of prosecution, or for other reasons within the court’s power.

Dismissal + 3 years.

 

DC2075-01b

ADOPTION CASE PAPERS

All other cases. 

PERMANENT.

 

*DC2075-01c

ADOPTION CASE PAPERS

Exhibits and depositions. 

See retention note (e) on page 6.

 

DC2075-01d

ADOPTION CASE PAPERS

Bills of cost under both (a) and (b). 

FE of final payment + 3 years.

 

DC2075-01e

ADOPTION CASE PAPERS

Citations, waivers of citation, subpoenas, witness attachments, returns, and applications for such process. 

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-01f

ADOPTION CASE PAPERS

Appeal, cost, supersedeas, or similar surety bonds or certificates of deposit or affidavits in lieu thereof. 

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-02

ADOPTION DOCKET (ADOPTION DOCKET-DISPOSED)

 

PERMANENT.

By rule of court - Rules of Civil Procedure, Rule 26.

DC2075-03

ADOPTION FILE DOCKET (ADOPTION DOCKET-PENDING)

Original entry docket books or sheets of adoption, annulment of adoption, and revocation of adoption cases.

Follow retention periods for Civil File Docket [DC2025-05].

 

DC2075-04

ADOPTION MINUTES (ADOPTION RECORD)

 

PERMANENT.

 

DC2075-05

CHILD SUPPORT CASE PAPERS

Documents relating to proceedings involving child support, the enforcement of child support, or custody of a child.

   

DC2075-05a

CHILD SUPPORT CASE PAPERS

Cases dismissed on motion of petitioner, for want of prosecution, or for other reasons within the court’s power. 

Dismissal + 3 years.

 

DC2075-05b

CHILD SUPPORT CASE PAPERS

All other cases.

See retention note.

Retention Note:  Final judgment + 20 years or 3 years after date on which child support obligation ends pursuant to decree of order, whichever later; except if a judgment is rendered against obligor for arrearages, follow the retention period for Civil Case Papers [DC2025-03(b)].

*DC2075-05c

CHILD SUPPORT CASE PAPERS

Exhibits and depositions.

See retention note (e) on page 6.

 

DC2075-05d

CHILD SUPPORT CASE PAPERS

Bills of cost under both (a) and (b). 

FE of final payment + 3 years.

 

DC2075-05e

CHILD SUPPORT CASE PAPERS

Citations, waivers of citation, subpoenas, witness attachments, returns, and applications for such process.

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-05f

CHILD SUPPORT CASE PAPERS

Appeal, cost, supersedeas, or similar surety bonds or certificates of deposit or affidavits in lieu thereof.

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-06

CHILD SUPPORT DOCKET (CHILD SUPPORT DOCKET-DISPOSED)

 

PERMANENT.

By rule of court - Rules of Civil Procedure, Rule 26.

DC2075-07

CHILD SUPPORT FILE DOCKET

Original entry docket books or sheets of cases involving child support, enforcement of child support, or custody of a child. 

Follow retention periods for Civil File Docket [DC2025-05].

 

DC2075-08

CHILD SUPPORT MINUTES

 

PERMANENT.

 

DC2075-09

COMMUNITY PROPERTY MANAGEMENT PETITIONS

Ex parte petitions of one spouse for the sole management of community property or the sale without joinder of homesteads.

   

DC2075-09a

COMMUNITY PROPERTY MANAGEMENT PETITIONS

Granted petitions.

PERMANENT.

 

DC2075-09b

COMMUNITY PROPERTY MANAGEMENT PETITIONS

Denied petitions.

10 years.

 

DC2075-10

DIVORCE CASE PAPERS

Documents relating to divorce or annulment suits.

   

DC2075-10a

DIVORCE CASE PAPERS

Cases dismissed on motion of petitioner, for want of prosecution, or for other reasons within the court’s power. 

Dismissal + 3 years.

 

DC2075-10b

DIVORCE CASE PAPERS

Cases in which a final decree is rendered.

(1) Custody or support of a minor child is not at issue.

(2) Custody or support of minor child is at issue.   

Follow retention period for Civil Case Papers [DC2025-03b].

Follow retention period for Child Support Case Papers [DC2075-05b].

 

DC2075-10c

DIVORCE CASE PAPERS

Cases in which petition for divorce or annulment denied. 

Final judgment + 10 years.

 

*DC2075-10d

DIVORCE CASE PAPERS

Exhibits and depositions. 

See retention note (e) on page 6.

 

DC2075-10e

DIVORCE CASE PAPERS

Bills of cost under both (a) and (b). 

FE of final payment + 3 years.

 

DC2075-10f

DIVORCE CASE PAPERS

Citations, waivers of citation, subpoenas, witness attachments, returns, and applications for such process.

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-10g

DIVORCE CASE PAPERS

Appeal, cost, supersedeas, or similar surety bonds or certificates of deposit or affidavits in lieu thereof.

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-11

DIVORCE DOCKET (DIVORCE DOCKET-DISPOSED)

 

PERMANENT. 

By rule of court - Rules of Civil Procedure, Rule 26.

DC2075-12

DIVORCE FILE DOCKET (DIVORCE DOCKET-PENDING)

Original entry docket books or sheets of divorce and annulment suits.

Follow retention periods for Civil File Docket [DC2025-05].

 

DC2075-13

DIVORCE MINUTES

 

PERMANENT.

 

DC2075-14

NAME CHANGE PETITIONS

     

DC2075-14a

NAME CHANGE PETITIONS

Granted petitions.

PERMANENT.

 

DC2075-14b

NAME CHANGE PETITIONS

Denied petitions. 

10 years.

 

DC2075-15

NEGLECTED CHILDREN CASE PAPERS (CHILD WELFARE CASE PAPERS)

Documents relating to proceedings involving neglected, abandoned, and abused children. 

Follow retention periods for Child Support Case Papers [DC2075-05].

 

DC2075-16

NEGLECTED CHILDREN DOCKET (NEGLECTED CHILDREN DOCKET-DISPOSED)

 

PERMANENT.

By rule of court - Rules of Civil Procedure, Rule 26.

DC2075-17

NEGLECTED CHILDREN FILE DOCKET (CHILD WELFARE FILE DOCKET)

Original entry docket books or sheets of cases involving neglected, abandoned, or abused children.

Follow retention periods for Civil File Docket [DC2025-05].

 

DC2075-18

NEGLECTED CHILDREN MINUTES (CHILD WELFARE MINUTES)

 

PERMANENT.

 

DC2075-19

STATE CUSTODY DECREE RECORDS

Certified copies of out-of-state custody decrees, including any correspondence or other documentation concerning the pendency of custody proceedings in other states. 

Final judgment + 20 years or 3 years after child support obligations ends by order or decree, whichever later.

 

DC2075-20

PATERNITY SUIT CASE PAPERS

Documents relating to proceedings in pre-trial conferences and trials to determine paternity.

   

DC2075-20a

PATERNITY SUIT CASE PAPERS

Cases dismissed on motion of petitioner, for want of prosecution, or for other reasons within the court’s power.

Dismissal + 3 years.

 

DC2075-20b

PATERNITY SUIT CASE PAPERS

Cases in which final judgment is rendered.

(1) Alleged father is determined to be the father of the child.

(2) Alleged father is determined not to be the father of the child.      

PERMANENT.

Final judgment + 10 years.

 

*DC2075-20c

PATERNITY SUIT CASE PAPERS

Exhibits and depositions. 

See retention note (e) on page 6.

 

DC2075-20d

PATERNITY SUIT CASE PAPERS

Bills of cost under both (a) and (b). 

FE of final payment + 3 years.

 

DC2075-20e

PATERNITY SUIT CASE PAPERS

Citations, waivers of citation, subpoenas, witness attachments, returns, and applications for such process.

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-20f

PATERNITY SUIT CASE PAPERS

Appeal, cost, supersedeas, or similar surety bonds or certificates of deposit or affidavits in lieu thereof. 

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2075-21

REMOVAL OF DISABILITIES PETITIONS

Ex parte petitions for the removal of the disabilities of minority.

10 years.

 

DC2075-22

VOLUNTARY LEGITIMATION PETITIONS AND STATEMENTS

Ex parte petitions and statements of paternity for the voluntary legitimation of a child.

PERMANENT.

 

 

PART 4: JUVENILE RECORDS

Retention Note:Juvenile court records are subject to sealing under Family Code, §58.003. While sealing restricts access to the records, it does not affect the minimum retention periods in this part or the destruction of the records following the expiration of the retention periods.

Records maintained by law enforcement agencies or other agencies relating to the investigation of offenses committed by juveniles or records concerning taking juveniles into custody and their prosecution are subject to sealing under Family Code, §58.003. On the entry of a sealing order by a court, law enforcement records or records held by other agencies relating to the case must be transferred to the court issuing the order and all index references to the records ordered sealed must be deleted. The retention periods in this part apply to unsealed records of juveniles in the possession of law enforcement agencies or other agencies.

Record Number

Record Title

Record Description

Total Retention

Remarks

2100-01 through 2100-04

WITHDRAWN

     

*DC2100-05

VIDEO RECORDINGS [JUVENILE DETENTION HEARINGS]

Video recordings of detention hearings involving juveniles.

The earlier of (1) the 91st day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a misdemeanor; (2) the 120th day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a felony; or (3) the date on which the adjudication hearing ends.

By law – Family Code, Section 54.012(c).

*DC2100-06

JUVENILE DELINQUENCY RECORDS [INFORMAL DISPOSITION CASES], REPORT ON

Annual statistical reports from a law enforcement agency to an office of official designated by the juvenile board of a county on the number and kind of dispositions made with regard to juveniles without referral to a juvenile court or a first offender program.

2 years.

 

*DC2100-07

JUVENILE DELINQUENCY RECORDS [FIRST OFFENDER PROGRAM] REPORT ON

Annual reports from a law enforcement agency to the juvenile board containing the names and addresses of children taken into custody by the agency, including the gender and ethnicity of each child and the offense committed.

2 years.

 

*DC2100-08

VIDEO RECORDINGS OF REQUESTS FOR BREATH SPECIMEN TESTS

Video recordings of children who are requested to take a breath specimen test.

Until the disposition of any proceeding against a child relating to the arrest is final.

By law - Family Code, Section 52.02(d).

*DC2100-09

JUVENILE DELINQUENCY RECORDS [STATUTORY WARNINGS]

Copies of statutory warnings issued to a child and the child’s parent, guardian, or custodian in those instances in which a child is not taken into custody, including copies of the notice filed with the law enforcement agency that employs the officer and the office or official designated by the juvenile board.

2 years.

 

*DC2100-10

JUVENILE CASE PAPERS

Documents relating to juvenile detention, transfer, adjudication, or disposition, including all records transferred to the court by law enforcement or other agencies under sealing orders issued by a court.

   

*DC2100-10a

JUVENILE CASE PAPERS

Cases papers for offenses committed on or before 31 August 1987:

1. If the person has not been convicted of a felony as an adult.

2.  If the person has been convicted of a felony as an adult.

Until the individual is 23.

Until the individual is 33.

Retention Note:State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in DC2100-10(a)(2).

*DC2100-10b

JUVENILE CASE PAPERS

Case papers for offenses committed between 1 September 1987 and 31 December 1995:

1. If the person has not been convicted of a felony as an adult.

2. If the person has been convicted of a felony as an adult.

3. If the juvenile is found to have engaged in conduct involving a violation of the penal code of the grade of felony.

Until the individual is 23.

Until the individual is 33.

Date of judgment in disposition hearing + 25 years.

Retention Note:State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in DC2100-10(b)(2).

*DC2100-10c

JUVENILE CASE PAPERS

Case papers for offenses committed on or after 1 January 1996:

1. The most serious allegation adjudicated was conduct indicating a need for supervision;; or the referral or information did not relate to conduct indicating a need for supervision or delinquent conduct and the juvenile court or the court’s staff did not take action of the referral or information for that reason.

2.  The most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of misdemeanor; or the most serious allegation was delinquent conduct that violated a penal law of the grade of misdemeanor or felony and there was not an adjudication.

3. The most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of felony.

4.  If the juvenile was tried as an adult or was adjudged delinquent based on the violation of a penal law of the grade of felony and was sentenced to the Texas Youth Commission with a transfer to the Texas Department of Corrections under determinate sentencing procedures.

Until the individual is at least 18 years of age.

Until the individual is at least 21 years of age.

Until the individual is at least 31 years of age.

Follow the retention periods for item number DC2125-05.

By law - Family Code, Section 58.0071(d)(1).

By law - Family Code, Section 58.0071(d)(2).

By law - Family Code, Section 58.0071(d)(3).

*DC2100-11

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

     

*DC2100-11a

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs for offenses committed on or before 31 August 1987:

1. If a petition alleging that the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, the juvenile is found not to have engaged in the alleged conduct, or the juvenile is found to have engaged in the conduct but has reached the age of 18 and there is no record that he or she committed a criminal offense after reaching the age of 17.

2. If the juvenile is found to have engaged in the conduct, has reached the age of 18, but there is a record that he or she committed an offense after reaching the age of 17:

A) If the person has not been convicted of a felony as an adult.

B) If the person has been convicted of a felony as an adult.

Must be destroyed immediately upon fulfillment of any of the conditions listed.

Until the individual is 23.

Until the individual is 33.

Retention Note:State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in (2)(B).

*DC2100-11b

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs for offenses committed between 1 September 1987 and 31 December 1995:

                1. If a petition alleging that the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, or the juvenile is found not to have engaged in the alleged conduct; or the juvenile is found to have engaged in the conduct but has reached the age of 18, is not subject to commitment to the Texas Youth Commission or to transfer under a determinate sentence to the Texas Department of Corrections and there is no record that he or she committed a criminal offense after reaching the age of 17; or person is older than 18 years, at least three years have elapsed after the person’s release from commitment, and there is no evidence that he or she committed a criminal offense after the release.

                2. If the juvenile is found to have engaged in conduct involving a violation of the penal code of a grade other than felony, has reached the age of 18, but there is a record that he or she committed an offense after the age of 17:

A) If the person has not been convicted of a felony as an adult.

B) If the person has been convicted of a felony as an adult.

3. If the juvenile is found to have engaged in conduct involving a violation of the penal code of the grade of felony.

Must be destroyed immediately upon fulfillment of any of the conditions listed.

Until the individual is 23.

Until the individual is 33.

Date of judgment in disposition hearing + 25 years.

Retention Note:State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in (2)(B).

*DC2100-14c

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs for offenses committed on or after 1 January 1996:

1. Fingerprints and photographs of juveniles not taken into custody, but with the consent of a parent or guardian to aid future identification if needed.

2. Fingerprints and photographs of juveniles not referred to a juvenile court within 10 days after the date the juvenile is taken into custody unless the juvenile is placed in a first offender program or is on informal disposition

3. Fingerprints and photographs of juveniles undergoing informal disposition.

4. Fingerprints and photographs of juveniles placed in first offender programs

5.  Fingerprints or photographs taken for comparison in the investigation of an offense that do not result in a positive comparison or identification.

6. Fingerprints or photographs of juveniles, whose identities are not known, who are taken into custody with probable cause to believe that the juvenile has engaged in conduct indicating a need for supervision.

Until the juvenile is 18.

Must be destroyed immediately.

Must be destroyed upon completion of the informal disposition.

Must be destroyed after the 90th day after the day the juvenile successfully completes a first offender program.

Must be destroyed immediately.

Destroy immediately upon identification of the juvenile or upon determination that the juvenile cannot be identified by the fingerprints or photograph.

 

*DC2100-12

JUVENILE COURT DOCKET

 

5 years.

 

*DC2100-13

JUVENILE RECORD (JUVENILE COURT MINUTES)

 

PERMANENT.

 

*DC2100-14

JUVENILE DETENTION REGISTER

Register or roster of juveniles temporarily confined to jail or equivalent detention centers pending disposition.

2 years.

 

*DC2100-15

JUVENILE INFORMATION SYSTEMS (LOCAL)

Locally maintained juvenile information databases containing the information required by Family Code, §58.304.

PERMANENT.

Retention Note: Data concerning an individual contained in the database may be deleted according to retention periods established for juvenile offenders in records series listed elsewhere in this schedule.

*DC2100-16

AUDIO OR VIDEOTAPES OF RELEASE HEARINGS

 

Date of final judgment in release hearing + 2 years.

By law – Family Code, Section 540.11(g).

 

PART 5: CRIMINAL CASE RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2125-01

BAIL BOND RECORD

Record of bail or recognizance bonds set or taken. 

3 years.

 

DC2125-02

BENCH WARRANTS

Stub books or copies of bench warrants issued. 

2 years.

 

DC2125-03

CAPIASES

Stub books or copies of capiases and summonses issued. 

2 years.

 

DC2125-04

CRIMINAL BAR DOCKET (STATE BAR DOCKET)

Docket books or sheets of criminal cases filed for the use of attorneys.

AV.

 

DC2125-05

CRIMINAL CASE PAPERS

Documents relating to criminal cases, including those concerning habeas corpus and extradition.

   

*DC2125-05a

CRIMINAL CASE PAPERS

Misdemeanor cases, including those reduced to misdemeanor under Penal Code, Section 12.44 . 

Date of dismissal or final judgment + 5 years, as applicable, but see retention note (c) on page 5.

 
 

[WITHDRAWN – see DC2125-05a]

     

DC2125-05c

CRIMINAL CASE PAPERS

Felony cases in which charges are dismissed or the defendant is found not guilty.

See retention note.

Retention Note:  10 years after dismissal or final judgment, as applicable, except (1) if proceedings are dismissed as the result of the satisfactory completion of a term of probation under deferred adjudication, follow the retention period in (d); or (2) if the defendant is acquitted by reason of insanity follow the retention period in (g).

DC2125-05d

CRIMINAL CASE PAPERS

Felony cases in which the sentence (or suspended sentence), term of probation, combined sentence and term of probation, cumulative sentences or terms of probation, or the longest sentence or term of probation of two or more sentences or terms of probation to be served concurrently is more than 2 but less than 20 years. 

Final judgment + 25 years.

 

DC2125-05e

CRIMINAL CASE PAPERS

Felony cases in which the sentence, cumulative sentences, or the longest sentence of two or more sentences to be served concurrently is more than 20 years, including cases in which the sentence is life imprisonment or the death penalty. 

PERMANENT.

 

DC2125-05f

CRIMINAL CASE PAPERS

Misdemeanor or felony cases in which proceedings are discontinued for civil commitment proceedings under Section 6, Article 46.02, Code of Criminal Procedure.

See retention note.

Retention Note:  If at any time the defendant is found competent to stand trial and proceedings are continued to final judgment, follow the appropriate retention period for adjudicated cases in (a) through (f); if at any time the defendant is discharged by the court or the charges are dismissed and the defendant bound over to a court of appropriate jurisdiction for civil commitment, follow the retention period in (a) or (c), as applicable; or if the defendant is neither found competent to stand trial, discharged by the court, nor are charges against the defendant dismissed preparatory to transfer to an appropriate court for civil commitment, 50 years.

DC2125-05g

CRIMINAL CASE PAPERS

Felony cases in which the defendant is acquitted by reason of insanity and in which the district court retains jurisdiction of the case for civil commitment under Section 4(d), Article 46.03, Code of Criminal Procedure. 

See retention note.

Retention Note:  If at any time the court finds that the person does not meet the criteria for involuntary commitment, 10 years from date of release; otherwise, 10 years after the death or discharge of the person from a mental health or mental retardation facility, if known, or if not known, 50 years after date of initial order of commitment.

DC2125-05h

CRIMINAL CASE PAPERS

Habeas corpus proceedings. 

See retention note.

Retention Note:  5 years from issuance or denial of writ in pre-conviction proceedings unless the court issuing the writ is the same court having jurisdiction of the offense with which the applicant is charged, in which case the records should be kept for the same period as the case papers to which they relate.  Post-conviction habeas corpus proceedings records should be retained for the same period as the case papers to which they are ancillary, except if the proceedings arise from an extradition demand, the retention period under (i) should be followed.

DC2125-05i

CRIMINAL CASE PAPERS

Extradition proceedings. 

Date of decision on extradition demand + 5 years.

 

*DC2125-05j

CRIMINAL CASE PAPERS

Exhibits. 

See retention note (f) on page 7.

 

DC2125-05k

CRIMINAL CASE PAPERS

Bills of cost in criminal cases. 

FE of final payment + 5 years.

 

*DC2125-05l

CRIMINAL CASE PAPERS

Clerk’s Record (formerly called transcripts) and Court Reporter Record (formerly called statements of fact) from the district court on appeal. 

Receipt of mandate + 3 years.

 

DC2125-05m

CRIMINAL CASE PAPERS

Pre-sentence investigation reports (misdemeanors). 

Final judgment + 2 years.

 

DC2125-05n

CRIMINAL CASE PAPERS

Pre-sentence investigation reports (felonies). 

Final judgment + 10 years.

 

*DC2125-05o

CRIMINAL CASE PAPERS

Warrants, capiases, summonses, witness attachments, returns, and applications for such process. 

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2125-05p

CRIMINAL CASE PAPERS

Bail, personal, appeal, peace, cost, and other surety bonds, or certificates of deposit or affidavits in lieu thereof. 

3 years after final judgment rendered or proceedings otherwise terminated in the case.

 

DC2125-06

CRIMINAL DOCKET (CRIMINAL DOCKET-DISPOSED)

     

*DC 2125-06a

CRIMINAL DOCKET (CRIMINAL DOCKET-DISPOSED)

Docket of misdemeanor cases only.

FE + 5 years, but see retention note (c) on page 5.

 

DC2125-06b

CRIMINAL DOCKET (CRIMINAL DOCKET-DISPOSED)

Docket of habeas corpus filing only. 

5 years.

 

DC2125-06c

CRIMINAL DOCKET (CRIMINAL DOCKET-DISPOSED)

All other criminal dockets of disposed cases.

20 years.

 

DC2125-07

CRIMINAL FILE DOCKET (CRIMINAL DOCKET-PENDING)

Original entry docket books or sheets of criminal cases.

   

DC2125-07a

CRIMINAL FILE DOCKET (CRIMINAL DOCKET-PENDING)

TYPE I - File docket, which does not contain an account of fees due, whose contents are transcribed into a Criminal Docket [2125-06] after adjudication. 

AV after transcription.

 

DC2125-07b

CRIMINAL FILE DOCKET (CRIMINAL DOCKET-PENDING)

TYPE II - File docket, which does contain an account of fees due, whose contents, except that relating to fees, are transcribed into a Criminal Docket [2125-06] after adjudication. 

FE + 5 years.

 

DC2125-07c

CRIMINAL FILE DOCKET (CRIMINAL DOCKET-PENDING)

TYPE III - Non-transferred sheets of file docket, which does not contain an account of fees due, whose sheets are transferred to a Criminal Docket [2125-06] as the case moves from pending to disposed.  

3 years.

 

DC2125-07d

CRIMINAL FILE DOCKET (CRIMINAL DOCKET-PENDING)

TYPE IV - File docket, which does contain an account of fees due, whose contents are not transcribed or whose sheets are not transferred, but which serves as a combination file docket, criminal docket, and fee book.

Follow retention periods for Criminal Docket [DC2125-06].

 

DC2125-08

CRIMINAL MINUTES

 

PERMANENT.

 

DC2125-09

EVIDENCE DOCKET

Docket recording evidentiary material filed in criminal cases.

   

DC2125-09a

EVIDENCE DOCKET

If receipt of evidentiary material is also noted in the Criminal File Docket [DC2125-07].

AV.

 

DC2125-09b

EVIDENCE DOCKET

If receipt of evidentiary material is not noted in Criminal File Docket [DC2125-07].

Follow retention periods for Criminal File Docket [DC2125-07].

 

DC2125-10

EXPUNGED CRIMINAL RECORDS

All criminal records and files, expunged pursuant to court order, transmitted by other agencies to the district clerk or already in his possession, including petitions for expunction, copies of court orders, and return receipts.

   

DC2125-10a

EXPUNGED CRIMINAL RECORDS

Expunged records arising from arrests for offenses committed on or before August 31, 1989. 

Date of issuance of order + 1 year.

 

*DC2125-10b

EXPUNGED CRIMINAL RECORDS

Expunged records arising from arrests for offenses committed on or after September 1, 1989 that are not given to the petitioner.

Must be destroyed not earlier than the 60th day or not later than the first anniversary date of date of issuance of order. 

By law - Code of Criminal Procedure, Article 55.02 Section 5(d).

DC2125-11

PROBATION MINUTES

 

PERMANENT.

 

DC2125-12

SEARCH WARRANTS

Search warrants with returns, issued by a district judge, including inventories of property and any other associated documents.

   

DC2125-12a

SEARCH WARRANTS

If the judge is not satisfied that there was good ground for the issuance of the warrant. 

Date of issuance + 10 years.

 

DC2125-12b

SEARCH WARRANTS

If the judge is satisfied that there was good ground for the issuance of the warrant.

See retention note.

Retention Note:  The warrant, inventory of property, and any other associated documents are forwarded to the clerk of the court having jurisdiction of the case.  If transferred to the district clerk, see Examining Trial Case Papers [DC2225-01].

*DC2125-13

SUBPOENAS (CRIMINAL)

Stub books, copies, or recorded copies of subpoenas issued. 

5 years.

 

DC2125-14

WITNESS ATTACHMENTS

Stub books, copies, or recorded copies of attachment writs issued. 

2 years.

 

DC2125-15

WITNESS RECORD (WITNESS DOCKET)

Register of witnesses subpoenaed, attached, or recognized in criminal cases.

3 years.

 

 

PART 6: MULTI-CASE/MULTI-COURT RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2150-01

APPEAL RECORD (TRANSCRIPT DOCKET)

Record or register of civil or criminal appealed to a higher court.

AV. 

 

DC2150-02

ATTORNEYS' ORDER BOOK (CITATION RECORD)

Record of attorneys' requests for the issuance of legal papers. 

AV. 

 

DC2150-03

ATTORNEYS' RECEIPT BOOK

Attorneys' receipts for documents temporarily withdrawn from custody of the court.

AV. 

 

DC2150-04

DEPOSITION RECORD

Record or register of depositions filed in civil or criminal cases. 

AV. 

 

DC2150-05

DISTRICT COURT DOCKET

Combined form of the Civil Docket [DC2025-04] and the Criminal Docket [DC2125-06]. 

PERMANENT. 

By rule of court - Rules of Civil Procedure, Rule 26.

DC2150-06

DISTRICT COURT FILE DOCKET (DISTRICT COURT DOCKET-PENDING)

Original entry docket books or sheets of civil and criminal cases.

Follow retention period for Civil File Docket [DC2025-05].

 

DC2150-07

DISTRICT COURT MINUTES (CIVIL AND CRIMINAL MINUTES)

 

PERMANENT. 

 

DC2150-08

EXECUTION DOCKET

Record of executions issued to enforce judgments rendered in all manner of cases.

PERMANENT. 

 

DC2150-09

MOTION DOCKET

Docket books or sheets recording motions filed by attorneys.

   

DC2150-09a

MOTION DOCKET

Combined civil/criminal motion docket. 

PERMANENT. 

 

DC2150-09b

MOTION DOCKET

Separate civil motion docket. 

PERMANENT. 

 

DC2150-09c

MOTION DOCKET

Separate criminal motion docket. 

20 years.

 

DC2150-10

PROCESS LOG (DAY BOOK)

Chronological daily log of process and other instruments issued or received.

AV. 

 

DC2150-11

SCIRE FACIAS DOCKET (BOND FORFEITURE DOCKET)

 

PERMANENT. 

By rule of court - Rules of Civil Procedure, Rule 26.

DC2150-12

SCIRE FACIAS MINUTES (BOND FORFEITURE MINUTES)

 

PERMANENT. 

 

 

PART 7: MISCELLANEOUS COURT RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2175-01

ADMINISTRATIVE ORDERS

Administrative orders issued by a district judge appointing special judges, court reporters, bailiffs, temporary clerks, and other court officers; admitting attorneys to practice before the bar; setting date and time of court sessions; and establishing other matters relating to the administrative functioning of a district court.

   

DC2175-01a

ADMINISTRATIVE ORDERS

Original orders that have been recorded in a minute book of the court. 

AV. 

 

DC2175-01b

ADMINISTRATIVE ORDERS

Original orders that have not been recorded in a minute book of the court. 

PERMANENT.

 

DC2175-02

ATTORNEY GENERAL, REPORTS TO

Copies of periodic reports by district clerk to the attorney general on criminal matters.

AV. 

 

DC2175-03

COURT REPORTER REPORTS

Reports submitted by court reporters to district court on the amount and nature of the business pending in the court reporter's office. 

1 year. 

 

*DC2175-04

COURT REPORTER EXAMINATION RECORDS

Records of competency examinations given to prospective court reporters.

AV.

 

DC2175-05

DRUG-RELATED CONVICTIONS, RECORD OF

Copies of lists of persons convicted of a drug-related felony in the county.

AV. 

 

*DC2175-06

FIRE INQUEST CASE PAPERS

Reports and verdicts of fire inquest juries, testimony of witnesses, and all other documentary evidence relating to fire inquests held by a justice of the peace. 

Date of filing with district clerk + 10 years.

Retention Note:  Fire inquest case papers entered as evidence in a criminal or civil proceeding should be retained for the same period as the corresponding case papers.  See Criminal Case Papers [DC2125-05] and Civil Case Papers [DC2025-03].

DC2175-07

GRIEVANCE COMMITTEE JUDGMENTS

Copies of judgments issued by State Bar grievance committees concerning the disbarment, suspension, or reprimand of attorneys.

   

DC2175-07a

GRIEVANCE COMMITTEE JUDGMENTS

Original judgments that have been recorded in a minute book of the court. 

AV. 

 

DC2175-07b

GRIEVANCE COMMITTEE JUDGMENTS

Original judgments that have not been recorded in a minute book of the court.

PERMANENT.

 

DC2175-08

INDUSTRIAL ACCIDENT BOARD, NOTICES TO

Copies of notices sent to the Industrial Accident Board notifying the board of the filing of appeals from decisions of the board.

AV. 

 

DC2175-09

INQUIRY COURT CASE PAPERS

Transcriptions of evidence and other papers arising from a court of inquiry held by a district judge.

10 years.

Retention Note:Any inquiry court case papers transferred to Criminal Case Papers [DC2125-05] as the result of an arrest and prosecution arising from the court of inquiry should be retained for the same period as the appropriate category of Criminal Case Papers.

DC2175-10

INQUEST CASE PAPERS

Autopsy reports, testimony of witnesses, laboratory reports, reports of death, and other documentary evidence or summaries of findings relating to inquests held by a justice of the peace. 

Date of filing with district clerk + 10 years, but see retention note.

By law - Code of Criminal Procedure, art. 49.15(d)]

Retention Note:  An order of the district court must be obtained by the district clerk to destroy this record after the expiration of its retention period.  Original inquest case papers or summary reports entered as evidence in a criminal or other proceeding should be retained for the same period as the corresponding case papers.  See Criminal Case Papers [DC2125-05] and Civil Case Papers [DC2025-03].

DC2175-11

JUDICIAL ADMINISTRATION REPORTS

Reports by district clerk to the county administrative judge or the presiding judge of an administrative judicial region.

AV. 

 

DC2175-12

MOTOR CARRIER CONVICTIONS, REPORTS OF RECORD OF

Copies of reports to the State Comptroller of fines assessed and collected for violations of the Motor Carrier Act.

AV. 

 

DC2175-13

SHORTHAND NOTES OF OFFICIAL COURT REPORTERS

Shorthand notes of official court reporters.

   

*DC 2175-13a

SHORTHAND NOTES OF OFFICIAL COURT REPORTERS

Notes taken in a criminal case in which a person is convicted and sentenced to a term of more than two years and an appeal is not taken. 

Length of sentence or 15 years, whichever sooner, but see retention note. 

By rule of court - Rules of Appellate Procedure, Rule 13.6.

Retention Note: Government Code, Section 52.046(a)(4) requires all notes of official court reporters be retained for at least 3 years.

DC2175-13b

SHORTHAND NOTES OF OFFICIAL COURT REPORTERS

Notes in all other manner of cases. 

Date notes taken + 3 years. 

By law - Government Code, Section 52.046(a)(4).

*DC2175-13c

SHORTHAND NOTES OF OFFICIAL COURT REPORTERS

Copies of Clerk’s Record (formerly called transcripts) and Court Reporter Record (formerly called statements of fact).

AV.

Retention Note:  While the responsibility for preserving notes under (b) lies with the court reporter, reporters may have left office and left their notes with the district clerk or in storage in county buildings.  These notes may be disposed of after the expiration of the retention period given.  State law also does not require that court reporters retain copies of any Clerk’s Record or Court Reporter Record they prepare, but most do so for reference. 

DC2175-14

TEXAS JUDICIAL COUNCIL, STATISTICAL REPORTS TO

 

3 years.

 

DC2175-15

TRAFFIC CONVICTION ABSTRACTS

Copies of abstracts submitted to the Department of Public Safety pertaining to traffic violations.

AV.

 

DC2175-16

WIRE AND ORAL COMMUNICATIONS INTERCEPTION RECORDS

Sealed sound recordings, applications, and court orders of wire and oral communications interceptions ordered by a district judge.

   

DC2175-16a

WIRE AND ORAL COMMUNICATIONS INTERCEPTION RECORDS

Recordings. 

Expiration of order or last extension of order, if applicable + 10 years. 

By law - Code of Criminal Procedure, art. 18.20(10)(b) 

DC2175-16b

WIRE AND ORAL COMMUNICATIONS INTERCEPTION RECORDS

Applications and orders.

Date of sealing + 10 years. 

By law - Code of Criminal Procedure, art. 18.20(11). 

Retention Note:  The destruction of recordings, applications, and orders at the expiration of the retention period for each can be carried out only by order of the judge of competent jurisdiction in each administrative district.

 

PART 8: JURY RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2200-01

JURY LISTS

Lists of persons chosen for service in district, county, or justice courts or on grand juries, including lists of persons whose service has been postponed and defendants' and plaintiffs' lists. 

1 year. 

 

DC2200-02

JURY TIME BOOK (JURY RECORD)

Record of persons serving on district court juries or grand juries.

FE + 3 years.

 

DC2200-03

SPECIAL VENIRE JURY LISTS

Lists of jurors summoned by writs of special venire for capital cases tried in a district court.

5 years.

 

DC2200-04

STATEMENTS OF EXEMPTION FROM JURY DUTY

Statements by persons claiming temporary or permanent exemption from jury duty on statutory grounds, including any statements of rescission of such claims.

   

DC2200-04a

STATEMENTS OF EXEMPTION FROM JURY DUTY

Statements requesting permanent exemption. 

AV after notification sent to tax assessor-collector. 

 

DC2200-04b

STATEMENTS OF EXEMPTION FROM JURY DUTY

Statements requesting temporary exemption. 

1 year. 

 

*DC2200-05

JUROR QUESTIONNAIRES

Forms completed by jurors reporting for jury duty. 

   

*DC2200-05a

JUROR QUESTIONNAIRES

For jurors who serve on a jury.

AV, but the e-mail address of a person completing the questionnaire electronically must be purged from the electronic system not later than the 30th day after the date that the county sends the person payment for jury service; or makes donation in lieu of payment.

By law – Government Code, Section 62.0111(c)(1).

*DC2200-05b

JUROR QUESTIONNAIRES

For jurors who do not serve on a jury.

AV, but the e-mail address of a person completing the questionnaire electronically must be purged from the electronic system not later than the 30th day after the date that the court releases that person from jury service.

 

 

 

PART 9: GRAND JURY RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2225-01

EXAMINING TRIAL CASE PAPERS (CRIMINAL COMPLAINT FILES)

 

5 years.

 

DC2225-02

EXAMINING TRIAL RECORD OR REGISTER

Record or register of complaints or examining trial cases referred to the grand jury.

AV.

 

DC2225-03

GRAND JURY DOCKET (GRAND JURY MINUTES)

 

10 years.

 

*DC2225-04

GRAND JURY FEE ACCOUNT REPORTS

Annual reports to the district judge by the grand jury on the examination of officers' fee accounts.

 AV. 

 

DC2225-05

GRAND JURY INDICTMENT REPORTS

Reports to the district court by a grand jury showing indictments handed down by the grand jury during its term.

AV.

 

DC2225-07

INDICTMENT RECORD OR REGISTER

Register or card file logging indictments returned by grand jury. 

AV.

 

DC2225-08

JUSTICE COURT DOCKET TRANSCRIPTS

Certified copies of justice court criminal and examining trial dockets filed by justices of the peace.

Date of filing + 1 year. 

 

*DC2225-09

SUBPOENAS (GRAND JURY)

Stub books, copies, or recorded copies of subpoenas issued.

5 years.

 

DC2225-10

WITNESS RECORD (GRAND JURY)

Register of witnesses subpoenaed, attached, or recognized before a grand jury.

2 years.

 

*DC2225-11

LISTS OF POTENTIAL GRAND JURORS (INCLUDING CERTIFICATE INDICATING DATE AND MANNER OF SERVICE BY SHERIFF)

 

AV after certified copy returned by the Sheriff to the District Clerk and after the District Clerk enters the name of each potential grand juror in the Grand Jury docket if applicable.

 

 

 

PART 10: NATURALIZATION RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2250-01

DECLARATION OF INTENTION RECORD

Bound or filed originals or recorded copies of declarations of intention to become citizens filed by aliens

PERMANENT.

 

DC2250-02

NATURALIZATION PAPERS

Petitions for naturalization, oaths of allegiance, witness affidavits, and orders granting or denying citizenship submitted by aliens or their witnesses. 

PERMANENT.

 

DC2250-03

NATURALIZATION RECORD

Proceedings involving naturalization. 

PERMANENT.

 

 

PART 11: ADMINISTRATIVE AND FINANCIAL RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2275-01

ACKNOWLEDGMENT RECORD

Record of acknowledgments or proofs of instruments taken by the district clerk as ex-officio notary public.

10 years.

 

DC2275-02

ANNUAL FEE REPORTS

 

AV. 

 

DC2275-03

APPLICATIONS FOR DEPUTIES

Copies of applications to commissioners court for deputies, assistants, or clerks.

AV. 

 

DC2275-04

AUDITOR'S REPORTS

Reports of county finances submitted by the county auditor to the district court.

   

DC2275-04a

AUDITOR'S REPORTS

Monthly report. 

1 year. 

 

DC2275-04b

AUDITOR'S REPORTS

Annual reports. 

3 years.

 

DC2275-05

BANKING RECORDS

Bank statements, canceled or digitized images of checks, check registers, deposit slips, debit and credit notices, reconciliations, notices of interest earned, etc. 

FE + 5 years.

 

DC2275-06

CASH RECEIPTS

Receipt books or copies of receipts upon payment of fees, fines, or costs in civil, criminal, probate or other cases; or for the deposit of trust funds.

   

DC2275-06a

CASH RECEIPTS

Criminal receipts.

(1) If county has auditor.

(2) If county does not have an auditor.

Transferred to auditor when all receipts issued.

FE + 5 years.

By law - Code of Criminal Procedure, Section 103.011.

DC2275-06b

CASH RECEIPTS

All other district court receipts. 

FE + 3 years.

 

DC2275-07

CHILD SUPPORT PAYMENT LEDGER

Ledger showing the receipt and disbursement of monies from the child support payment fund.

FE + 5 years.

 

DC2275-08

CHILD SUPPORT PAYMENT RECORD

Record of child support payments by case. 

End of support period + 10 years.

 

DC2275-09

COST DEPOSIT RECORD

Records of receipts to and disbursements from monies deposited with the district clerk to cover costs in civil proceedings.

FE + 5 years.

 

DC2275-10

COUNTY AUDITOR, REPORTS TO

Reports not listed elsewhere in this schedule submitted to the county auditor on the receipt or disbursement of county funds or on cash balances in accounts of the district clerk.

AV.

 

DC2275-11

COURT REPORTER EXPENSE STATEMENTS

Copies of statements of expenses incurred by court reporters serving outside the county of their residence in a district court serving more than one county or for serving as a substitute reporter in a county other than that in which they are resident. 

FE + 3 years.

 

DC2275-12

DAILY CASH BOOK OR REPORTS

 

FE + 3 years.

 

DC2275-13

DAILY FILE RECORD

Daily record or register of papers received for filing. 

AV.

 

DC2275-14

DEPOSIT WARRANTS

Copies of deposit warrants issued by the county clerk or the county treasurer for monies deposited in any funds or accounts of the district clerk. 

FE + 3 years.

 

DC2275-15

FEE BOOK

Fee books or sheets showing accounts of fees or costs accrued in cases heard in a district court.

FE + 5 years.

 

DC2275-17

INDEPENDENT AUDIT REPORTS

Special audit reports of county finances submitted by finance committees or special auditors appointed by a district court.

PERMANENT.

 

DC2275-18

JURY CERTIFICATES

Stubs or copies of jury certificates issued. 

FE + 3 years.

 

DC2275-19

LEGAL OPINIONS

Copies of legal opinions rendered to the district clerk by the county attorney or the district attorney. 

AV. 

 

DC2275-20

MINUTES OF OFFICERS' ACCOUNTS (OFFICERS' FEE BILLS DUE FROM STATE)

Record of proceedings in district court approving expense claims or fees due from the state to various county or district officers for service in district court felony cases, before the grand jury, or in examining trials. 

FE + 3 years.

 

DC2275-21

MINUTES OF WITNESS ACCOUNTS (WITNESS FEE CLAIMS)

Record of proceedings in district court approving witness fee claims.

FE + 3 years.

 

DC 2275-22

MONTHLY EXPENSE REPORTS

 

AV. 

 

*DC2275-24

[WITHDRAWN – see GR1000-34]

     

DC2275-25

PROBATION Collection RECORD (PROBATION FILE RECORD)

Documentation detailing the collection of probation fees. 

FE + 5 years.

 

*DC2275-26

RECORDS MANAGEMENT RECORDS

Discontinued. See item number 1000-40 in Local Schedule GR.

   

DC2275-27

REPORTS OF COLLECTIONS (MONTHLY FEE REPORTS)

 

AV.

 

DC2275-28

TRUST FUND RECORD

Journal, ledger, or similar record of receipts to and disbursements from trust funds.

FE + 5 years.

 

*DC2275-29

WITNESS FEE REPORTS

Copies of reports submitted by the district clerk to the State Comptroller listing fee claims for out-county witnesses.

AV. 

 

 

PART 12: BUSINESS AND PROFESSIONAL RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2300-01

ATTORNEY LICENSING RECORDS

Applications for license to practice law and reports of committees on applications for license to practice law. 

PERMANENT.

 

DC2300-02

ATTORNEY RECORD

Register or roster of attorneys licensed by a district court to practice in the county. 

PERMANENT.

 

DC2300-03

CHIROPODY REGISTER (PODIATRY REGISTER)

Recorded licenses of chiropodists or podiatrists issued by the state. 

PERMANENT.

 

DC2300-04

CHIROPRACTIC REGISTER

Recorded licenses of chiropractors issued by the state.

PERMANENT.

 

DC2300-05

MEDICAL REGISTER

Register of physicians licensed by local boards or the state. 

PERMANENT.

 

DC2300-06

PHARMACY REGISTER

Register of pharmacists licensed by local boards. 

PERMANENT.

 

DC2300-07

[WITHDRAWN]

     

DC2300-08

VETERINARY REGISTER

Recorded licenses of veterinarians issued by the state. 

PERMANENT.

 

 

PART 13: MISCELLANEOUS RECORDS

Record Number

Record Title

Record Description

Total Retention

Remarks

DC2325-01

BONDS AND DEPUTATIONS OF COUNTY CLERK

Bonds, qualifying oaths, and deputations of county clerks and their deputies.

AR + 5 years.

 

DC2325-03

ESTRAY RECORD

Recorded affidavits and bonds of takers-up of estrayed animals, affidavits of appraisal of the animals, and any accompanying reports of the death of estrays or affidavits of ownership of estrays, recorded with the district clerk under the Stock Law of 1874. 

PERMANENT.

 

DC2325-04

LIQUOR PRESCRIPTIONS AND AFFIDAVITS

Prescriptions, canceled prescriptions, and affidavits by druggists for the sale of liquor for medicinal purposes, for the purchase of liquor from out of state or from wholesalers for importation into prohibition territory and affidavits from clergy for the use of liquor for sacramental purposes. 

PERMANENT.

 

DC2325-05

MARKS AND BRANDS RECORD

Register of livestock marks and brands and their subsequent sale or transfer, recorded with the district clerk under the Stock Law of 1874. 

PERMANENT.

 

*DC2325-06

PASSPORT APPLICATION RECORDS

Copies of passport applications and all other records related to the acceptance of such applications.

 AV.

 

DC2325-07

PRESCRIPTION REGISTER

Register of prescriptions and affidavits received from druggists and clergy for the use of liquor for medicinal or sacramental purposes. 

PERMANENT.

 

DC2325-08

REGISTERED VOTERS, LISTS OF

Lists or registers of voters qualified to vote. 

AV.

 

DC2325-09

REPORTS OF LIQUOR SEIZED

Reports of liquor and associated property seized, and copies of receipts issued by the sheriff for goods if liquor or property was seized by officers other than the sheriff.

   

*DC2325-09a

REPORTS OF LIQUOR SEIZED

Receipts.

 AV.

 

*DC2325-09b

REPORTS OF LIQUOR SEIZED

Reports. 

PERMANENT.

By law: Alcoholic Beverage Code, Section 103.05(b).

Comments or complaints regarding the programs and services of the

Texas State Library and Archives Commission can be addressed to the

Director and Librarian, PO Box 12927, Austin, TX 78711-2927.

512-463-5460 or 512-463-5436 Fax

 

Copies of this publication are available in alternative format upon request.

Page last modified: August 22, 2013