AGENCY: Attorney General's Office. Appellate Department
SERIES: 6410
TITLE: Post conviction/habeas corpus case files
DATES: 1896-
ARRANGEMENT: Alphabetical by surname, thereunder chronological by year
DESCRIPTION: These files document cases where civil petitions for post-conviction relief and/or writs of habeas corpus have been filed in a state or federal district court by a convicted felon. Such petitions challenge the legality of the petitioner's imprisonment and/or conviction. The Attorney General's Office is responsible for representing the State when a response to a post-conviction/habeas corpus petition is required by the court. These files contain a complete record of the post-conviction or habeas corpus case. These records contain unique information in rough notes or drafts assembled or created and used to prepare or analyze other documents. The information adds proper understanding to the formulation and execution of policies, decisions, actions, or responsibilities.
RETENTION
Retain for 26 year(s) after case is closed
DISPOSITION
Destroy.
RETENTION AND DISPOSITION AUTHORIZATION
Retention and disposition for this series were specifically approved by the State Records Committee.
APPROVED: 12/1992
FORMAT MANAGEMENT
Paper: Retain in Office for 1 year after case is closed and then transfer to State Records Center. Retain in State Records Center for 25 years and then destroy.
APPRAISAL
Administrative Legal
This disposition is based on the maximum period of incarceration during which a complainant with good cause may petition the court of jurisdiction for a Writ of Habeas Corpus (RCP 65B (i)(4) (1988)), and the Utah State Courts records retention schedule.
PRIMARY DESIGNATION
Public. Utah Code 63G-2-301(f) (2014)
SECONDARY DESIGNATION
Private. Utah Code 63G-2-302(2) (2014)
Controlled. Utah Code 63G-2-304 (2008)