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  1. #1
    Join Date
    Oct 2006
    Posts
    4

    Default Understanding a Letter from the District Court's Office

    I live in the state of Texas, and I am trying to apply to nursing school. Here, if you have ever been convicted of anything, you have to get something called a declaratory order before you are allowed to apply. Well over 10 years ago I was charged with misdemeanor petty theft in Virginia. I was young, but 18 so it went on my record. I was told I had to get court documents for the charge. I requested in writing the documentation for this charge, and this is what I recieved but Im not sure what it means

    § 16.1-69.55. Retention of case records; limitations on enforcement of judgments; extensions.

    A. Criminal and traffic infraction proceedings:

    1. In misdemeanor and traffic infraction cases, except misdemeanor cases under § 16.1-253.2 or 18.2-57.2, all documents shall be retained for 10 years, including cases sealed in expungement proceedings under § 19.2-392.2. In misdemeanor cases under § 16.1-253.2 or 18.2-57.2, all documents shall be retained for 20 years. Documents in misdemeanor and traffic infraction cases for which an appeal has been made shall be returned to and filed with the clerk of the appropriate circuit court pursuant to § 16.1-135;

    2. In felony cases which are certified to the grand jury, all documents shall be certified to the clerk of the appropriate circuit court pursuant to §§ 19.2-186 and 19.2-190. All other felony case documents shall be handled as provided in subdivision A 1 of this section;

    3. Dockets and indices shall be retained for 10 years.

    B. Civil proceedings:

    1. All documents in civil proceedings in district court which are dismissed, including dismissal under § 8.01-335, shall be retained until completion of the Commonwealth's audit of the court records. Notwithstanding § 8.01-275.1, the clerks of the district courts may destroy documents in civil proceedings in which no service of process is had 24 months after the last return date;

    2. In civil actions which result in a judgment all documents in the possession of the general district court shall be retained for 10 years and, unless sooner satisfied, the judgment shall remain in force for a period of 10 years;

    3. In civil cases that are appealed to the circuit court pursuant to § 16.1-112, all documents pertaining thereto shall be transferred to the circuit court in accordance with those sections;

    4. The limitations on enforcement of general district court judgments provided in § 16.1-94.1 shall not apply if the plaintiff, prior to the expiration of that period for enforcement, pays the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and dockets the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. However, a judgment debtor wishing to discharge a judgment pursuant to the provisions of § 8.01-456, when the judgment creditor cannot be located, may, prior to the expiration of that period for enforcement, pay the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and docket the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. After the expiration of the period provided in § 16.1-94.1, executions on such docketed civil judgments may issue from the general district court wherein the judgment was obtained upon the filing in the general district court of an abstract from the circuit court. In all other respects, the docketing of a general district court judgment in a circuit court confers upon such judgment the same status as if the judgment were a circuit court judgment;

    5. Dockets for civil cases shall be retained for 10 years;

    6. Indices in civil cases shall be retained for 10 years.

    C. Juvenile and domestic relations district court proceedings:

    1. In adult criminal cases, all records shall be retained as provided in subdivision A 1 of this section;

    2. In juvenile cases, all documents and indices shall be governed by the provisions of § 16.1-306;

    3. In all cases involving support arising under Titles 16.1, 20 or 63.2, all documents and indices shall be retained until the last juvenile involved, if any, has reached 19 years of age and 10 years have elapsed from either dismissal or termination of the case by court order or by operation of law. Financial records in connection with such cases shall be subject to the provisions of § 16.1-69.56;

    4. In cases transferred to circuit court for trial as an adult or appealed to circuit court, all documents pertaining thereto shall be transferred to circuit court;

    5. All dockets in juvenile cases shall be governed by the provisions of § 16.1-306 F.

    (1983, c. 499; 1990, c. 258; 1996, c. 463; 2003, c. 126; 2005, c. 135; 2007, cc. 369, 468, 869; 2008, c. 749.)

    Can someone explain this to me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Understanding a Letter from the District Court's Office

    That's a statute describing record retention. What exact provision don't you understand?

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