Regulations amended to allow destruction of criminal case records within one year
The original regulation required police to keep serious crime records for eight years and misdemeanor records for three years
Officers active as part of a police operation
The government has amended police recordkeeping regulations to permit the destruction of criminal case documents within one year, an abrupt shift from previous rules that required records to be preserved for several years, depending on the severity of the offense.
Under the original Regulation on Maintaining and Issuing Police Records, documents related to serious or felony-level crimes were to be retained for eight years, while records of misdemeanor-level offenses were to be kept for three years. For cases forwarded for prosecution, the regulation required records to be maintained until a verdict was delivered or the appeal process was completed. These provisions were outlined in Article 21(a) of the regulation.
However, recent amendments to Articles 21(c) and 21(d) have significantly shortened these retention periods. According to the new Article 21(c), if the Prosecutor General decides not to file charges in a criminal case, the head of the police administrative division responsible for recordkeeping may authorize the destruction of all related documents within one year of that decision, after following the procedures set out in Article 23.
Article 21(d) has also been rewritten to allow the destruction of records from completed investigations that do not involve serious offenses and where there is insufficient evidence to press charges. This can be done within one year of the case being filed, based on a written endorsement from both the investigating officer and their supervisor affirming that no new evidence is likely to emerge. The final decision rests with the administrative head overseeing police records, who must also follow the procedures prescribed in Article 23.
Previously, Article 21(c) referred to the retention of physical documents, while Article 21(d) required that all case information be permanently preserved in digital form, even after the physical files were removed. Both of these safeguards have now been eliminated under the amendment.
The change effectively weakens record preservation requirements, raising concerns over transparency, accountability and the integrity of criminal investigations. Allowing sensitive case files to be destroyed within such a short period, especially in cases where prosecutorial decisions could later come under review, may hinder oversight and limit opportunities for justice in future inquiries.
