How Long Do Police Departments Keep Your Background Packets?
When applying to become a police officer, individuals are required to provide detailed information about their past, including their personal, criminal, and employment history. This information is usually collected in a background packet, which is then used by the police department to evaluate the applicant’s credibility and fitness for the role.
But how long do police departments keep these background packets? Is the information gathered and stored forever, or is it eventually deleted? In this article, we will explore the retention periods of police departments for background packets and what factors can affect the length of storage.
Retention Period Varies by Jurisdiction
The retention period for background packets varies depending on the police department, jurisdiction, and country. There is no fixed period, and different countries and states have different guidelines and regulations.
Types of Background Information
To understand the retention period for background packets, it is essential to know the types of information that are typically included. These can be categorized into three main groups:
- Personal Information: Name, date of birth, Social Security number, address history, education, and family history.
- Employment History: Work experience, job titles, work addresses, and employment status.
- Criminal History: Arrests, convictions, and court decisions, including juvenile records.
- Medical History: Physical and mental health issues, medical conditions, and medication usage.
- Drug Use: History of drug use, including addiction, treatment, and drug-related arrests.
Duration of Retention
In the United States, 42 CFR Part 2, which regulates the privacy and confidentiality of substance use treatment records, requires retention for a minimum of:
| Record Type | Duration |
|---|---|
| Treatment records | 50 years |
| Verification of treatment records | 30 years |
Meanwhile, FCRA Compliance Guide, which regulates employer reporting and record-keeping for background checks, does not specify a retention period but advises employers to store records for a reasonable amount of time.
Legal Considerations
Police departments are bound by various legal and regulatory requirements that can influence the retention period. Some of these include:
- Privacy laws: Police departments must comply with privacy laws, such as the Health Insurance Portability and Accountability Act (HIPAA), when handling personal and medical information.
- Records Retention Act: This Act requires police departments to store and retain records for specific periods, usually between three to seven years.
- Public Records Act: Some jurisdictions have laws requiring the release of public records, including background packets.
Security and Destruction Procedures
To ensure the safe disposal of background packets and their contents, police departments should follow strict security and destruction procedures. These should include:
- Electronic destruction: Secure deletion or overwrite of electronic records and media.
- Shredding: Secure destruction of paper records using secure shredding services.
- Locking and securable storage: Secured storage of physical records to prevent unauthorized access.
- Incineration: Destruction of sensitive information, such as fingerprints, by incineration in accordance with local regulations.
Best Practices for Secure Retention
To mitigate potential risks and ensure compliant retention practices, police departments can follow these best practices:
- Establish retention periods: Set clear policies for retention periods, tailoring them to specific information and jurisdictional requirements.
- Classify and organize: Organize records based on their sensitivity and level of risk, with a focus on high-risk and confidential information.
- Conduct regular audits: Periodically review and inspect retention procedures to ensure compliance with legal and regulatory requirements.
- Dispose securely: Implement secure destruction protocols to prevent unauthorized access to background packets and their contents.
- Train personnel: Provide regular training to all personnel handling background packets to ensure they understand the significance of confidentiality and retention compliance.
Conclusion
Retention periods for background packets can vary significantly depending on jurisdiction, type of information, and legal requirements. Understanding these variations and implementing sound retention practices can help prevent potential risks and ensure the confidentiality of sensitive information. Police departments must balance the need for data retention with the obligation to protect individual privacy, following legal and regulatory requirements and implementing secure destruction protocols.
