L-1018 Records (Revised 5/14/2012) (Page 1 of 2)

Cal. Form L-1018

California Superior Local Rules

L-1018 Records (Revised 5/14/2012) ( ) SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE www.occourts.org COURT RECORD RETENTION TIME FRAMES Civil, Criminal Small Claims, Family Law, Probate, Juvenile and Traffic This list is not all-inclusive. Please refer to Government Code

Section and California Rule of Court, rule 10.855 for further information. Civil and Small Claims Actions 1-Year Retention  Fully dismissed actions (one year from dismissal). 10-Year Retention  Any civil or small claims action with a judgment (from date of entry of judgment or renewal). Permanent Retention  Unlimited Civil judgments.  Unlimited Civil cases subject to Rule 10.855 of the California Rules of Court.  Eminent Domain cases. Harassment  Same period as duration of the injunction and any renewals, then retain the injunction as a judgment; 60 days after expiration of the temporary restraining order.

Restraining orders may last up to 3 years unless renewed. Minor’s Compromise  Same period as the duration of the underlying action, plus 10 years after the minor reaches 18 years of age. Unlawful Detainer  One year if judgment is for possession of the premises; 10 years if judgment is for money. Family Law Actions Domestic Violence  Same period as duration of the restraining or other orders and any renewals, then retain the restraining or other orders as a judgment; 60 days after expiration of the temporary protective or temporary restraining order. 30-Year Retention  Family Law.

Permanent Retention  Paternity files.  All judgments. Probate Actions 10-Year Retention  Conservatorship (10 years after termination).  Guardianship (10 years after minor reaches age of 18). 30-Year Retention  Mental Health. The following are the minimal retention times. The court may retain files for a longer period unless destruction is required by law. L-1018 Records (Revised 5/14/2012) ( ) Permanent Retention of Records  Adoption.  Change of Name.  Probate. Minor’s Compromise  Same period as the duration of the underlying action, plus 10 years after the minor reaches 18 years of age.

Juvenile Actions (Welfare and Institutions Code § 389(c), 781(d), 826) Dependency  When Minor reaches age 28. Delinquency  When Minor reaches age 38 (except for WIC offenses which require permanent retention). Status Offenses  When Minor reaches age 21.

Informal Juvenile and Traffic Court Offenses and Education Code Infractions  Follow the same guidelines as Traffic and Criminal Actions Adoptions  Permanent Retention Sealed Records  Five years after sealing Traffic and Criminal Actions 2-years (from date of conviction or from date of arrest if no conviction)  Misdemeanor alleging a marijuana violation under subdivision (b), (c), (d), or (

e) of

Section of the Health and Safety Code, or subdivision (

b) of

Section of the Health and Safety Code. 3-years  Misdemeanor alleging violation of Vehicle Code (except as otherwise specified).  Infraction, except as otherwise specified. 5-years  Misdemeanor, except as otherwise specified.  Misdemeanor alleging a violation of Sections 14601, 14601.1, 20002, 23104, or of the Vehicle Code. 10-years  Misdemeanor alleging a violation of Sections 23103, 23152, or of the Vehicle Code. 75-years  Misdemeanor action resulting in a requirement that the defendant register as a sex offender.  Felony, except as otherwise specified. Permanent Retention  Capital felony.

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-1018
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	2de4ad27568b9618c82c98fd0e0a7e6d9d60eab2

Source file is stored in the law ingest library (pdf).