It should be noted that the District Attorney in each Oregon County is an official employee of the State. Due to the status of the District Attorney position, the State Archives would recommend utilizing the State Agency General Records Retention Schedule for all financial records produced in county District Attorney offices.

1. (1) Attorney General Opinions: Series documents Attorney General Opinions and attorney's letters of advice. Records may include requests for opinions, opinions, letters of advice, and related documentation. The Department of Justice maintains the statewide record copy of Attorney General Opinions. Minimum retention: 5 years.
2. (2) Case or Docketed Files: Series documents criminal cases tried and filed by the District Attorney for the county. Records may include police reports, copies of court documents, computerized criminal histories, District Attorney notes, court exhibits, and related documentation. Minimum retention: (a) Cases of murder, treason, or Class A felony, with a judgment of guilty, 60 years or 3 years after sentence expires, whichever is longer; (b) All other felonies with a judgment of guilty, 3 years after sentence expires; (c) Felony cases, dismissed or with judgment of not guilty, 3 years; (d) Misdemeanor cases, 3 years after termination; (e) Violation cases, 1 year after termination; (f) Support enforcement cases, 3 years after all support paid.
3. (3) Civil Forfeiture and Asset Seizure Files Records: Series documents cases involving seizure of assets for civil forfeiture. Records may include police reports, District Attorney notes, legal pleadings and notices, descriptions and pictures of property and/or cash, and Asset Forfeiture Oversight Advisory Committee forms and reports. Minimum retention: 5 years after case resolution.
4. (4) Denied Prosecution Files: Series documents correspondence between District Attorney's office and an outside investigative agency (police department) concerning the inability to prosecute cases based on a lack of evidence. These documents are generated in response to police investigations and consist mainly of correspondence and case descriptions. Minimum retention: 1 year.
5. (5) District Attorney Opinions: Series documents official recommendations, advice, or opinions of the District Attorney issued to local officials. Records may include requests for opinions, opinions, letters of advice, and grand jury notes. Minimum retention: Permanent.
6. (6) Grand Jury Records: Series describes the documents produced by the Grand Jury in relation to individual cases. The records document the progress and deliberations within the grand jury. Grand Jury Proceedings may include notes, votes, subpoenas, and dockets. These records are not released into the general criminal files and are retained separately from the respective criminal files. Minimum retention: (a) Notes, votes, and dockets, 10 years; (b) Subpoenas and member lists, 1 year.
7. (7) Grand Jury Reports: Series documents reports filed by the grand jury at the completion of the mandated tours of public institutions and courts. ORS 132.440 requires that the grand jury inquire into the condition and management of every correctional and juvenile facility in the county as defined in ORS 162.135 at least once a year. Minimum retention: (a) Reports not filed with the courts, 20 years; (b) Reports filed with the court, 2 years.
8. (8) Indictment Returned Lists: Series documents grand jury indictments returned, schedules of people awaiting grand jury hearings, or cases pending hearings or trial. Minimum retention: 2 years.
9. (9) Investigation Files: Series documents criminal cases investigated, but not tried, by the District Attorney. Records may contain police reports, criminal histories, District Attorney notes, grand jury notes, and related documentation. Minimum retention: (a) Cases of murder or treason, permanent; (b) Class A felony cases, 25 years; (c) Class B felony cases, 10 years; (d) Class C felony cases and support enforcement cases, 5 years; (e) Accident and death investigations, 3 years; (f) Misdemeanor cases, 2 years; (g) Violations cases, 1 year.
10. (10) Mental Commitment Hearing Files: Series documents cases involving incidents or possibly crimes involving mentally ill persons. Records may include police reports, mental health evaluations and referrals, legal pleadings, commitment orders, District Attorney notes, subpoenas, and related documentation. Minimum retention: 5 years.
11. (11) Multi-Disciplinary Team Records: Series documents the activities and management of the county Multi-Disciplinary Team (MDT). Respective MDTs may have members from city, county, or state agencies. Records may include grant and account records, meeting minutes, annual reports and budgets, member lists, interagency agreements, and related documentation. Minimum retention: 5 years.
12. (12) Official Business Registers: Series documents the scheduling and status of actions, suits, or legal proceedings involving the District Attorney. Minimum retention: 25 years.
13. (13) State Breathalyzer Permits: Series documents the maintenance of copies of the state breathalyzer permits issued to local law enforcement personnel by the state to perform breathalyzer tests. Minimum retention: Most current copy.

Statutes/Other Implemented

ORS 192.005–192.170 & ORS 357.805–357.895

History

OSA 7-2025, amend filed 11/05/2025, effective 11/05/2025
OSA 1-2014, f. & cert. ef. 2-25-14
OSA 4-2004, f. & cert. ef. 9-1-04