(a) No imposed discipline. After three years, the OPC must destroy all records or other evidence of the existence of Complaints that the OPC dismisses or declines to prosecute.
(1) Exception. On the OPC’s application, notice to Respondent, and a showing of good cause, the Oversight Committee may permit the OPC to retain such records for one additional period of time not to exceed three years.
(2) Effect of no imposed discipline. After a file or electronic record related to a Complaint that the OPC dismisses or declines to prosecute has been destroyed, any OPC response to an inquiry requiring a reference to the matter must state that there is no record of such matter. The Respondent may answer any inquiry requiring a reference to such matter by stating that no Complaint was made.
(b) Discipline and disability. The OPC must retain for 30 years all records or other evidence of the existence of Complaints that resulted in public reprimand, suspension, delicensure, resignation with discipline pending, admonition, disability, and probation running from the date the discipline expired.
(c) Disciplinary history letters. The OPC must retain for three years all records of disciplinary history letters, running from the date of the letter.
Effective December 15, 2020