Ky. Cir. Ct. Clerks' Manual RECORDS RETENTION ARCHIVING AND DESTRUCTION

82 RECORDS RETENTION ARCHIVING AND

DESTRUCTION

 The Kentucky Court of Justice Records Retention Schedules approved by the

Chief Justice governs the Circuit Clerks’ records. The Record Retention

Schedule shall be followed for both transferring (archiving) and destruction

(disposal) of KCOJ records. All eligible records should be removed from the

Clerk’s office in a timely manner.

 Records Retention Schedule

82.1 Archiving

To transfer permanent records to the State Archives Center or State Records Quick Reference

Center operated by the Kentucky Department of Libraries and Archives, Email:

contact the staff in Archive and Destruction Division at the AOC. archivedestruction

@kycourts.net

The unit will assist your office in conducting a space survey to determine the

number of cubic feet of records that can archived. After the space survey is

Phone:

completed, the unit will contact the Kentucky Department of Library and

502-573-2350

Archives. If KDLA is able to accept records, the Archive and Destruction

ext. 50768

Division will assist your office and begin inventorying cases to be archived.

For more information, contact the Archive and Destruction Division. 592502-573-2350

82.2 Destruction

1. Prior to the destruction of any disposable records in your office, contact

the accessioning staff. Once the records for destruction have been

identified, the Archive and Destruction Division will make arrangements

for the records to be transported or destroyed, they will also assist in

preparing all destruction certificates. The original destruction

certificate(s) will be forwarded to the Kentucky Department of Libraries

and Archives (KDLA) and a copy(s) will be given to the clerk.

NOTE: The Archive and Destruction Division cannot complete the

destruction and issue a certificate without proper identification of the

items that are being destroyed. Therefore, the clerk must identify the

records that will be destroyed by labeling said records or keeping a list of

what will be destroyed for the destruction certificate.

2. The KCOJ Records Retention Schedule identifies the record series that

are eligible for destruction. The majority of the records are eligible for

destruction based upon time lines or audit requirements.

RECORDS RETENTION ARCHIVING AND DESTRUCTION

It is your responsibility to identify the specific records eligible for disposal

within the series mentioned below. Consult the Electronic Records

Destruction Procedures located in KYCourts under the “Help” menu prior to

undertaking destruction.

To assist you, KyCourts II provides a destruction eligibility report of cases

that meet the destruction criteria based upon the Records Retention

Schedule and KCOJ agency requirements. Your office will use the

destruction eligibility report to manually review cases on the list to ensure

that they meet all destruction criteria. If eligible, cases may be electronically

destroyed from KyCourts II utilizing the mass process feature for case

destruction. The Archive and Destruction Division will ensure the physical

record is properly destroyed.

Court Records series Exclusions

Cases with disposition date older

District Traffic Case File - Quick Reference

than 5 years (cases closed over 5

series 00189

years)

Misdemeanor Excludes cases with an FTA that is

Case Files - less than 5 years old

series 00190 Excludes cases with open charges

Felony or charges closed less than 5 years ORSC – Order

Preliminary Excludes cases with charges for Restraining

Hearing Files - stalking – 002764, 05815, 013242, Following Stalking

series 00191 013243 Conviction

Excludes cases with document type

ORSC G- Guilty

Excludes enhanceable charges if GM- Guilty Multiple

the charge is a guilty disposition (G, Counts

GM, GSS, PRPD) GSS- Guilty Sealed

Excludes cases with a future Sentence

scheduled event PRPD- Pre-payable

Excludes cases with active warrants Citation Paid

(AC, RU, HO status) AC- Active

Enhanceable/KSP requested safety RU- Returned

violation codes Unserved

HO- Hold

RECORDS RETENTION ARCHIVING AND DESTRUCTION

Court Records series Exclusions

• Cases with case disposition date older Quick Reference

Juvenile Juvenile Felony

than 1 year with a case type code of SP- Special

Case - series

00197, prior to SP or OTH OTH- Other

July 15, 1997 • Excludes cases with a charge less than

1 year old

Juvenile Felony • Excludes cases with a document less

Case - series than 1 year old

04751, after • Excludes cases with scheduled event

July 15, 1997 less than 1 year old

Juvenile Non- • Excludes cases with bail less than 1

felony Case - year old

series 04752, • Excludes cases with sentence less

after July 15, than 1 year old

1997 • Excludes cases with bail less than 1

year old

• Excludes cases with summons less

than 1 year PA- Paternity

• Excludes cases with warrant less than SP- Special

1 year. Any remaining J cases that UR- URESA/UIFSA

have been disposed that don’t have OTH- Other

case type of PA, SP, UR, OTH, SUPIV SUPIV- Support IV-

that are a party type code of D, or CH, D

and the defendant (child) is older D- Defendant

than 23. CH- Child

• Excludes any cases with a Felony FED- Felony

charge Destruction

• Excludes cases with document type

FED

• Excludes cases with a future

scheduled event.

• Excludes cases with active warrants

(AC, RU, HO status) AC- Active

RU- Returned

Unserved

HO- Hold

DSTY- Destruction

AC- Active

RU- Returned

Unserved

HO- Hold

RECORDS RETENTION ARCHIVING AND DESTRUCTION

Court Records series Exclusions

Domestic Violence • Cases with case disposition date Quick Reference

(series 00822) older than 10 years (cases closed

over 10 Years)

• Excludes cases with a charge less

than 10 years old

• Excludes cases with a document

less than 10 years old

• Excludes cases with a scheduled

event less than 10 years old

• Excludes cases with a motion less

than 10 years old

• Excludes cases with a sentence less

than 10 years old

• Excludes cases with a bail less than

10 years old

• Excludes cases with a summons less

than 10 years old

• Excludes cases with a warrant less

than 10 years old

• Excludes cases with a future AC- Active

scheduled event RU- Returned

• Excludes cases with active warrants Unserved

(AC, RU, HO status) HO- Hold

82.3 Retrieval of Case Files

To retrieve a case from the KDLA, you must determine the location of the

file.

• From the State Archives Center: accession numbers begin with “A”

(A2001-000) and the locations are alphanumeric (A35/D7-A).

• From the State Records Center: accession numbers begin with “R”

(R2001-000) and the locations utilize roman numerals (VI-J-245).

RECORDS RETENTION ARCHIVING AND DESTRUCTION

82.4 Procedures for Any Record Request

1. Verify where the case is located: the Clerk’s Office, Archive Center or Quick Reference

Record Center. Verify case location

2. Use the transmittal to find the location of the case needed. The case

number and location in the center can be given to the citizen if that

individual is performing the request.

3. Complete the Record Request (Form PRD-160). If you are having the

information sent directly to the citizen, make sure the citizen’s billing Form PRD-160

address and telephone number are included on the form. You are not

responsible for collecting payment of copies to be made by the Archive

Center or Record Center.

Note: You may locate forms for archives request and other records

transactions from KDLA at:

https://kdla.ky.gov/records/Pages/default.aspx.

82.5 Archive Center Request

After completing the Record Request, email it to the Archive Center at

KDLA.Archives@ky.gov. If you need further assistance you can contact the

Archive Center Supervisor at (502) 564-8300 or KDLA.Archives@ky.gov.

82.6 Record Center Request

After completing the Record Request, email it to the Record Center at

State.Records@ky.gov. If you need further assistance contact the Record

Center Supervisor at (502) 564-3617 or State.Records@ky.gov.

NOTES:

• Copies will not be made other than for specific documents, such

as decrees, orders, and judgments. If additional copies or a copy

of the entire case file is needed, the original file will be mailed

to you. It is your responsibility to make the copies.

• The Archives Center and Records Center staff will not interpret

information located in the case files. This prevents any chance

of giving misinformation.