How long are records/evidence kept?

kaitie · Jul 29, 2013

Considering we hear of old case files being revived after twenty years, obviously a long time. What I'm wondering, though, is if there is a standard period of time after which records or evidence are destroyed?

In my specific situation, I have some evidence that had gone missing about fifteen years ago that resulted in a mistrial. I'd like my character to be able to see records of who checked evidence in and out around that time, but it just occurred to me that I don't know if those records would still be around after that long of a time. Am I good to write the scene this way, or do I need to have her figure out who took the evidence some other way?

Bufty · Jul 29, 2013

You don't say what kind of case was involved or where the jurisdiction is.

In any event I imagine there would be very specific rules about what was kept, where, and for how long.

kaitie · Jul 29, 2013

I don't give a specific jurisdiction in my story (though somewhere in Virginia). I also haven't officially decided whether or not my characters are cops or of they're going to be changed to FBI later on. The changes I'll make are relatively minor, so I'm keeping it up in the air until after I can figure out which group is most likely to be investigating. I've gotten some mixed opinions (though I'm probably leaning more toward them being FBI as I go on).

It's a rough draft and things can be changed to accommodate things as necessary. I just wouldn't want to write that she asks to see the records and they have them if there is a standard policy in most places that evidence logs are tossed after seven years or something.

cornflake · Jul 29, 2013

If it's an open, chargeable case, it should be kept.

Hendo · Jul 29, 2013

Rather than write a long post I just grabbed this from officer.com http://forums.officer.com/t15398/ it has what a few departments do.

As for "paper" records tho, now that everything is digital we will be keeping them forever.

kaitie · Jul 29, 2013

That's kind of what I was thinking, too. I just wanted to make sure. Thanks for the link.

shadowwalker · Jul 29, 2013

It will depend on the physical space available as well as the technology at the particular law enforcement station/office/headquarters. Evidence in an unsolved case would be kept as long as feasible under the above circumstances.

kaitie · Jul 29, 2013

I'm tired so I worded it badly, but the evidence matters less than the records of who might have had access to the evidence. I want her to be able to piece together that someone had had the time and opportunity to steal the evidence. It's all circumstantial, but she doesn't need more than circumstantial, just enough for a seed of doubt.

Trebor1415 · Jul 29, 2013

If the evidence is still being stored, than chain of custody is still important, and the record of who had access to the evidence would still be maintained.

Evidence without a proper chain of custody is useless.

ironmikezero · Jul 29, 2013

If you decide to go federal, be aware that official records (digital or hard copy) are kept indefinitely. Physical evidence is maintained (chain of custody) throughout the period of potential appeal - that can be a very long time and is largely specific case dependent.

Evidence that deteriorates, spoils, decays, etc. is duly documented/recorded by the best means under the circumstances and disposed of pursuant to court directive/sanction.

Contraband evidence (drugs, illegal weapons, etc.) is typically destroyed after its value as evidence is exhausted (case concluded, appellate time frame run) pursuant to court order.

Other evidence, possession of which may not be illegal, may be returned to the rightful owner after the court case.

kaitie · Jul 29, 2013

Thanks guys! That's exactly what I wanted to know.

How long are records/evidence kept?

kaitie

With great power comes

Bufty

Where have the last ten years gone?

kaitie

With great power comes

cornflake

practical experience, FTW

Hendo

Custom User Title

kaitie

With great power comes

shadowwalker

empty-nester!

kaitie

With great power comes

Trebor1415

practical experience, FTW

ironmikezero

practical experience, FTW

kaitie

With great power comes