Notice Re: Office of the Colorado State Public Defender Client File Retention Policy

When your case is concluded, the case file will be closed and stored by the office. A file destruct date will be scheduled pursuant to the Office of the State Public Defender Client File Retention Policy. While there are exceptions, some typical timelines include:

Class one felony convictions whether appealed or not will be stored for the client’s
Sentences under the Lifetime Supervision Act for Sex Offenses will be stored for the client’s lifetime.
If the case is a “DNA” case, defined as a case where DNA testing was performed which had significant impact on the case, the file will be stored for the client’s lifetime.
Felonies which are appealed will be stored for 8
Felonies which are not appealed will be stored for 5 years.
If probation is revoked, a new destruct date will be set according to the new sentence.
Misdemeanors which are not appealed will be stored 2 years.
Misdemeanors that are appealed will be stored for one year after the appellate process is complete or 2 years from sentence, whichever is longer.
Juvenile felonies and misdemeanors will be stored for the length of the sentence unless the case is prosecuted and concluded in adult court, in which case the file will be stored for the client’s lifetime.
Commitments because of a finding of Not Guilty by Reason of Insanity will be stored for the client’s
Acquittals and dismissals will be stored for one year.
Extradition cases will be stored for one year.
Withdrawals will be stored for one year.
Upon receiving notice that a Criminal Procedure Rule 35(c) petition is filed, the file will be stored for the client’s lifetime.

If you wish to receive a complete copy of the Office of the Public Defender Client File Retention Policy, please request the policy either from your public defender or you may request a copy of the policy at the front desk at any of our offices.