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The CSLB RecordIndependent public-record archive

Evidence · 03

The Original Investigative Laptop

A state investigative device was replaced shortly after the criminal referral. The produced records identify the replacement — but, according to Plaintiffs, do not identify what ultimately happened to the original machine or its relevant electronic evidence.

I

Key Device Facts

Original CSLB device

Model
HP 640 G4
Master Tag
0021688
Hostname
SR10L0021688
Assigned to
Amanda Martinez / Special Investigation
SourceS011

Replaced

March 27, 2023

Successor device

Dell Precision 3570
Tag 00571

Documented Record Documented chronology

February 6, 2023

Criminal referral signed / approved

SourceS005

↓ 3 days

February 9, 2023

Dropbox deletion event for 220723_0161.MP3

SourceS004

↓ ≈ 6 weeks

March 27, 2023

Original CSLB laptop replaced

SourceS011

Timing alone does not establish intent.

II

Why the Original Laptop Matters

Plaintiffs' AllegationSourceS020S021
Plaintiffs contend that the original CSLB-issued laptop was the most important agency-controlled device for determining what happened to the September 28, 2022 recording after it was transmitted to CSLB.

The device could potentially have contained evidence such as:

The point is not that any one of those artifacts definitely existed. The point is that the original machine was the device most capable of answering whether they existed.

The machine could have answered the question.

Agency / Defendant Position
Defendants have challenged whether a CSLB-side copy can be established through third-party statements.
Plaintiffs' Allegation
Plaintiffs contend that a forensic examination of the original state laptop would have provided machine-level evidence independent of those witness accounts.

III

What the Production Does Show

SourceS011

A 2025 policy (ISO 25-04) was produced in response to the request for the applicable replacement process. It is not presented as governing the March 2023 replacement; Plaintiffs say the contemporaneous 2022–23 process has not been identified.

IV

What Happened to 0021688?

According to Plaintiffs' description of CSLB's verified production responses, the produced materials do not identify the original laptop's complete disposition history after replacement.

  • No identified

    Later custodian

  • No identified

    Later owner

  • No identified

    Location

  • No identified

    Warehouse entry

  • No identified

    Redeployment record

  • No identified

    Retirement record

  • No identified

    Forensic image

  • No identified

    Clone

  • No identified

    User-profile migration log

  • No identified

    OneDrive migration record

  • No identified

    Desktop / Documents migration record

  • No identified

    Sanitization certificate

  • No identified

    Destruction certificate

  • No identified

    Transfer record

  • No identified

    Contemporaneous replacement work order

  • No identified

    Help Desk / ServiceNow ticket explaining the replacement

Plaintiffs' Allegation

According to Plaintiffs and the discovery responses they cite, no such record has been identified or produced.

SourceS011S020

"Not identified or produced" is not the same as "never existed." Where a verified response states a category never existed, it will be shown separately and quoted.

V · The central unanswered question

Where is the original laptop?

The current record, as described by Plaintiffs, does not establish:

  • — where asset 0021688 went after March 27, 2023;
  • — whether it was wiped;
  • — whether it was redeployed;
  • — whether it was destroyed;
  • — whether it was recycled;
  • — whether its data was migrated;
  • — whether a forensic image was ever made;
  • — whether any relevant metadata survives;
  • — whether the physical machine still exists.

? Open question

If the original laptop cannot now be located, when was its disposition first discovered to be undocumented or unknown, and what action did CSLB take after learning that?

VI

The Device and the Records Are Not the Same Thing

A laptop is state property. The information stored on that laptop may also include State records.

Replacing, wiping, redeploying, or disposing of a computer does not automatically eliminate the agency's obligation to preserve State records that remain within an applicable retention period or legal hold.

California's records-management guidance states that electronic records are subject to the same legal requirements as paper records, and retention periods are based on the function and value of the record rather than merely the storage medium.

External authorityCalifornia Secretary of State / CalRIM — Records Management guidance ↗

VII

CalRIM: Electronic Records Do Not Disappear From the Rules Just Because the Hardware Changes

State records-management guidance

California Secretary of State guidance says State records schedules apply to records in all formats, including electronic records.

The CalRIM handbook explains that agencies are expected to identify records they create, receive, maintain, and store, including electronic records, and apply approved retention rules to those records.

Electronic records are subject to the same legal retention and disposition framework as paper records.

Retention follows the record — not simply the laptop.

External authorityCalifornia Secretary of State / CalRIM — Records Management guidance ↗

VIII

When Can State Records Be Destroyed?

  1. Record created / received
  2. Identified on retention schedule
  3. Retention period runs
  4. Legal / administrative / fiscal value evaluated
  5. No hold / no continuing requirement
  6. Authorized disposition

California Secretary of State guidance says a State record may be destroyed only after its applicable retention period and required disposition criteria have been satisfied.

California law and CalRIM guidance distinguish between routine scheduled disposition, archival transfer, and premature loss or accidental destruction. Electronic records are included within this framework.

IX

What About the Physical Laptop Itself?

A · State property

The laptop is a state-owned asset. Physical disposition of state equipment is ordinarily documented through agency property/inventory processes.

CSLB Records Retention Schedule · Approval No. 2023-168

Item 34
Inventory Files
Item 35
Property Survey Files (STD. 152)
Description includes disposition of vehicles, office equipment, and IT equipment.
Retention
4 years
SourceS012

The retention schedule demonstrates that CSLB maintained a record series specifically addressing property disposition, including IT equipment.

B · State records / ESI

Even if an old laptop is legitimately replaced, redeployed, wiped, or disposed of as hardware, State records on that machine must still be handled according to the applicable records-retention, preservation, and legal-hold requirements.

This does not mean every old laptop must itself be physically retained for the entire retention period of every record formerly stored on it. The retention period generally follows the State record, not necessarily the physical computer that once stored it.

The present issue is whether relevant records and ESI were properly preserved or accounted for when the hardware was replaced.

Open Question

If asset 0021688 was retired, transferred, destroyed, recycled, or otherwise disposed of, where is the corresponding inventory or property-disposition record?

This site does not assert that an STD. 152 necessarily had to exist for every laptop replacement.

X

What If Required Records Are Lost Before Their Retention Period?

Documented RecordSourceS014
The January 2024 CalRIM-04 Lost or Accidentally Destroyed Records template instructs agency records-management coordinators to notify CalRIM when records are lost or accidentally destroyed before completing their required retention period.

The process calls for:

Plaintiffs' AllegationSourceS020
Plaintiffs contend that by 2024–2025 CSLB had notice that the recording was unavailable and that the original investigative device capable of resolving key custody questions could not be accounted for in the produced records.
Open Question

Did CSLB evaluate whether a CalRIM lost-record notification was required?

DCA records example

The produced DCA CalRIM example documents the premature destruction of one box of obsolete administrative paper. The form records what happened, why the destruction occurred, the affected series, the responsible records personnel, and remedial steps.

SourceS015

Why this matters

This example demonstrates that DCA had an operational process for documenting premature record destruction. It does not establish that the CSLB recording/laptop situation was legally identical.

Open Question

If DCA documented premature destruction of obsolete administrative paper, what documentation exists concerning the loss or inability to account for investigative electronic evidence?

Records-management contacts for CSLB and DCA: SourceS016S017 — listed for organizational context only.

XI

Trustworthy Electronic Records

State records-management guidance

California's electronic-record standards address the integrity, accessibility, authenticity, and preservation of official electronic records.

CalRIM guidance states that electronic records must be capable of standing as the true and authentic copy for purposes such as public-records requests, audits, and litigation.

CalRIM's electronic-record guidance also describes trustworthy systems as requiring safeguards against unauthorized alteration or deletion and preserving copies appropriately.

Handbook recommendations are guidance; not every recommendation is presented as a mandatory statutory duty.

External authorityCalifornia Secretary of State / CalRIM — Records Management guidance ↗

XII

Retention Schedules Are Not the Only Preservation Issue

An ordinary retention schedule establishes minimum routine retention and disposition rules.

Separate preservation obligations may arise when records become relevant to pending litigation, reasonably anticipated litigation, public-records requests, audits, investigations, or discovery obligations.

Open Question

When did CSLB first reasonably recognize that the recording and original laptop could be material to pending or anticipated litigation, and what preservation steps followed?

No finding that a specific litigation hold was violated is represented here.

XIII

Device Lifecycle: Expected Record Types vs. Produced Record

IdentifiedNo record identifiedUnknown — not the same as destroyed
Record typeStatus
Asset assignmentIdentified
Device replacementIdentified
Replacement dateIdentified
Successor deviceIdentified
Help Desk / service requestNo contemporaneous record identified in Plaintiffs' cited production
Transfer / redeployment recordNo record identified
Migration recordNo record identified
Forensic imageNo record identified
Sanitization recordNo record identified
Destruction certificateNo record identified
Property disposition recordNo record identified in Plaintiffs' cited production
Current locationUnknown in the present record

The issue is not merely that an old laptop was replaced.

The issue is that the original state investigative device was the machine most capable of resolving what happened to material electronic evidence — and the public record described by Plaintiffs does not identify its final disposition or a preserved forensic image.

Replacement is documented.

Disposition is not.

See the device-specific open questions →