§ 13-4-401 — Retention required - Destruction - Electronic reproduction

(a) (1) A county sheriff's office shall maintain the records named in this subchapter for the period of time provided in this subchapter, after which time the records may be destroyed. (2) (A) Administrative records shall not be destroyed until at least one (1) year after an audit by Arkansas Legislative Audit or a private auditor is completed and approved. (B) A record over fifty (50) years old shall not be destroyed before written notice by the custodian of the records in question has been furnished to the Arkansas State Archives, describing the scope and nature of the records, at least sixty (60) days before the destruction of the records. (b) (1) If a record is photographically or electronically transferred to other media of a permanent nature, the original document may be destroyed, except that a handwritten record over fifty (50) years old shall not be destroyed. (2) A county record that is photographically transferred to other media of a permanent nature shall be transferred by a process that accurately reproduces or forms a durable medium for reproducing the original. (c) When county records are transferred to other media of a permanent nature, the resulting transfer shall meet the following requirements: (1) The information in the county record retained shall be transferred into a usable and accessible format capable of accurately reproducing the original over the time periods specified in § 13-4-301 et seq.; (2) Operational procedures shall ensure that the authenticity, confidentiality, accuracy, reliability, and appropriate level of security are provided to safeguard the integrity of the information in the county record; (3) Procedures shall be available for the backup, recovery, and storage of records to protect the records against media destruction or deterioration and information loss; and (4) A retention conversion-and-review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion at least one (1) time every four (4) years or more frequently when necessary to prevent the physical loss of data or loss due to technological obsolescence of the medium. (d) Before any record is destroyed, the custodian of the record shall document the date and type of document. (e) Records explicitly not addressed in this subchapter may be destroyed no sooner than three (3) years after an audit by Arkansas Legislative Audit or a private auditor is completed and approved.

Legislative History

Amended by Act 2017, No. 560,§ 4, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 116, eff. 7/1/2016. Amended by Act 2016EX3, No. 2,§ 116, eff. 7/1/2016. Acts 2011, No. 43, § 1.