How long can a file stay in a criminal intelligence system, and what happens at the end of any designated time frame?
The maximum retention period is five years. A record must be either purged at the end of the established retention period or undergo a review-and-validation process before the end of the retention period. If a record is purged, then it must be removed from the criminal intelligence system. If a record is reviewed and validated, it will receive a new retention period of up to five years. In order for a record to be validated, the submitting agency must determine that the subject is still reasonably suspected of involvement in current criminal activity. In other words, the submitting agency must determine that the record continues to meet the 28 CFR Part 23 submission criteria. A record may be validated at any time during its retention period; however, simply updating the identifying information about the subject during the retention period is not enough, by itself, to indicate the subject is still reasonably suspected of involvement in current criminal activity.
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