Sec. 51-36. Retention, microfilming, destruction, disposal and transferring of court records.
Sec. 51-36. Retention, microfilming, destruction, disposal and transferring of
court records. (a) The Chief Court Administrator may cause any and all court records,
papers or documents, required to be retained indefinitely or for a period of time defined
by (1) rules of court, (2) directives promulgated by the Office of the Chief Court Administrator, or (3) statute, to be microfilmed. The device used to reproduce such records,
papers or documents on microfilm shall be one which accurately reproduces the original
thereof in detail. Such microfilm shall be considered and treated the same as the original
records, papers or documents, provided a certificate of authenticity appears on each roll
of microfilm. A transcript, exemplification or certified copy thereof shall for all purposes
be deemed to be a transcript, exemplification or certified copy of the original. The
original court records, papers or documents so reproduced may be disposed of in such
manner as approved by the Office of the Chief Court Administrator. For the purposes
of this subsection, "microfilm" includes microcard, microfiche, microphotograph, electronic medium or any other process which actually reproduces or forms a durable medium for so reproducing the original.
(b) Except as provided in subsection (c) of this section, any judge of the Superior
Court may order that official records of evidence or judicial proceedings in said court,
the Court of Common Pleas or the Circuit Court, including official notes and tapes of
evidence or judicial proceedings concerning title to land, taken more than seven years
prior to the date of such order by any stenographer or official court reporter, be destroyed
by the person having the custody thereof.
(c) (1) In any case in which a person has been convicted of a felony, other than a
capital felony, the official records of evidence or judicial proceedings in the court may
be destroyed upon the expiration of twenty years from the date of imposition of the
sentence in such case or upon the expiration of the sentence imposed upon such person,
whichever is later.
(2) In any case in which a person has been convicted after trial of a capital felony,
the official records of evidence or judicial proceedings in the court may be destroyed
upon the expiration of seventy-five years from the date of imposition of the sentence
in such case.
(3) In any case in which a person has been found not guilty, or in any case that has
been dismissed or was not prosecuted, the court may order the destruction or disposal
of all exhibits entered in such case upon the expiration of ninety days from the date of
final disposition of such case, unless a prior disposition of such exhibits has been ordered
pursuant to section 54-36a. In any case in which a nolle has been entered, the court may
order the destruction or disposal of all exhibits entered in such case upon the expiration
of thirteen months from the date of final disposition of such case. Not less than thirty
days prior to the scheduled destruction or disposal of exhibits under this subdivision,
the clerk of the court shall send notice to all parties and any party may request a hearing
on the issue of such destruction or disposal before the court in which the matter is
pending.
(4) In any case in which a person has been convicted of a misdemeanor or has been
adjudicated a youthful offender, the court may order the destruction or disposal of all
exhibits entered in such case upon the expiration of ten years from the date of imposition
of the sentence in such case or upon the expiration of the sentence imposed on such
person, whichever is later, unless a prior disposition of such exhibits has been ordered
pursuant to section 54-36a. Not less than thirty days prior to the scheduled destruction
or disposal of exhibits under this subdivision, the clerk of the court shall send notice to
all parties and any party may request a hearing on the issue of such destruction or disposal
before the court in which the matter is pending.
(5) In any case in which a person is charged with multiple offenses, no destruction
or disposal of exhibits may be ordered under this subsection until the longest applicable
retention period under this subsection has expired. The provisions of this subdivision
and subdivisions (3), (4) and (6) of this subsection shall apply to any criminal or motor
vehicle case disposed of before, on or after October 1, 2006.
(6) The retention period for the official records of evidence and exhibits in any
habeas corpus proceeding, petition for a new trial or other proceeding arising out of a
criminal case in which a person has been convicted shall be the same as the applicable
retention period under this subsection for the criminal case from which such proceeding
or petition arose.
(7) For the purposes of this subsection, "sentence" includes any period of incarceration, parole, special parole or probation.
(d) All court records other than records concerning title to land may be destroyed
in accordance with rules of court. Records concerning title to land shall not be subject
to any such destruction and may be retained in an electronic format, except that official
notes and tapes of evidence or judicial proceedings concerning title to land may be
destroyed. All court records may be transferred to any agency of this state or to any
federal agency in accordance with rules of court or directives promulgated by the Office
of the Chief Court Administrator, provided records in any action concerning title to land
terminated by a final judgment affecting any right, title or interest in real property shall
be retained for not less than forty years in the office of the clerk of the court location
in which the judgment was rendered. Any other judicial branch books, records, papers
or documents may be destroyed or transferred to any agency of this state or to any federal
agency in accordance with directives promulgated by the Office of the Chief Court
Administrator.
(e) For the purposes of this section, "official records of evidence or judicial proceedings" includes (1) the court file, that contains the original documents or copies of any
original documents that have been removed, (2) all exhibits from the parties, whether
marked for identification or admitted as full exhibits, and (3) the transcripts of all proceedings held in the matter, including voir dire.
(1949 Rev., S. 7710; 1953, S. 3131d; 1959, P.A. 28, S. 84; P.A. 74-183, S. 24, 291; P.A. 76-59, S. 1; P.A. 76-436, S.
57, 681; P.A. 82-188, S. 1, 3; P.A. 84-162, S. 1; P.A. 97-40, S. 3; P.A. 02-29, S. 1; P.A. 03-202, S. 11; P.A. 05-152, S. 4;
P.A. 06-152, S. 3.)
History: 1959 act substituted circuit court judge for municipal court judge, latter court having been abolished; P.A. 74-183 revised provisions to clarify responsibility of superior court judges for destruction of superior court records and
responsibility of common pleas court judge for destruction of common pleas court records and to grant responsibility for
circuit court records to common pleas judges, the circuit courts having been abolished, (previous provision stated that
superior, common pleas and circuit court judges "may order that official records of evidence or judicial proceeding in any
of such courts ... be destroyed") and added provision re destruction of records after 25 years at discretion of chief court
administrator, effective December 31, 1974; P.A. 76-59 replaced provision re destruction after 25 years with provisions
allowing destruction of all records other than those concerning title to land in accordance with rules of court and absolutely
prohibiting destruction of records re title to land; P.A. 76-436 revised section to grant superior court judges responsibility
for records of common pleas and circuit courts, reflecting merger of common pleas and superior courts, effective July 1,
1978; P.A. 82-188 added provisions re transfer of court records to state or federal agency in accordance with rules of court
or directives of the judicial department and destruction or transfer of any other judicial department books, records, papers
or documents; P.A. 84-162 added Subsec. (a) authorizing the microfilming of certain court records and designated previous
provisions as Subsec. (b), replacing the "judicial department" with the "office of the chief court administrator" as the entity
responsible for promulgating directives concerning the destruction or transfer of records and adding provision requiring
records in any action concerning title to land to be retained for not less than 40 years in the court clerk's office where the
judgment was rendered; P.A. 97-40 amended Subsec. (a) by making technical changes and adding "electronic medium",
divided former Subsec. (b) into Subsecs. (b) and (c) and added provisions allowing destruction of records after 7 years,
including official notes and tapes of evidence or judicial proceedings concerning title to land; P.A. 02-29 amended Subsec.
(a) to make a technical change, amended Subsec. (b) to add exception re Subsec. (c), added new Subsec. (c) to establish
in Subdivs. (1) and (2) the retention period for records in cases in which a person has been convicted after trial of a felony
and of a capital felony, respectively, redesignated former Subsec. (c) as Subsec. (d), and added new Subsec. (e) to specify
items included in "official records of evidence or judicial proceedings"; P.A. 03-202 amended Subsec. (a) by making
technical changes, amended Subsec. (c)(2) by replacing "twenty-five years from the death of such person" with "seventy-five years from the conviction of such person", amended Subsec. (d) by replacing reference to "Judicial Department" with
reference to "judicial branch" and amended Subsec. (e) by replacing "from which no documents have been removed" with
"that contains the original documents or copies of any original documents that have been removed", adding subdivision
designators and making technical changes; P.A. 05-152 amended Subsec. (a) by deleting "other than records concerning
title to land", made technical changes in Subsec. (c) and amended Subsec. (d) by adding "and may be retained in an electronic
format"; P.A. 06-152 amended Subsec. (c) by deleting "after trial" and replacing "disposition of" with "imposition of
the sentence in" in Subdiv. (1), replacing "conviction of such person" with "date of imposition of the sentence in such
case" in Subdiv. (2) and adding Subdivs. (3) to (7) re destruction or disposal of exhibits in various criminal and motor
vehicle cases and habeas corpus proceedings.
Subsec. (b):
Cited. 43 C. 246.