Understanding Records Retention Schedules

What is a records retention schedule?

A records retention schedule is a policy document that specifies how long each type of government record must be kept before it can be legally destroyed, transferred to a state archive, or converted to a different storage format. Retention schedules exist to balance two competing needs: preserving records that have ongoing legal, fiscal, or historical value, and disposing of records that no longer need to be maintained.

In a county office, retention schedules cover everything from recorded deeds and court filings (which are often permanent) to routine correspondence and administrative files (which may be eligible for destruction after a few years).

Who sets retention requirements?

Retention requirements are typically established at the state level by a state archives agency, records management division, or secretary of state's office. Some states publish a general retention schedule that applies to all local governments; others require counties to develop and submit their own schedules for approval.

In either case, the retention schedule is grounded in state law, administrative code, and sometimes federal requirements. County offices are responsible for following the applicable schedule and documenting their compliance.

Common retention categories

While specifics vary by state, most retention schedules organize records into categories based on their function and legal significance:

• Permanent records: Recorded documents like deeds, mortgages, and plats are typically designated as permanent. They must be preserved indefinitely because they establish legal rights and property boundaries.
• Long-term records: Court case files, tax records, and audit reports often have retention periods of 10 to 30 years or more, depending on the record type and jurisdiction.
• Short-term records: Routine correspondence, internal memos, and draft documents may have retention periods of one to five years.
• Transitory records: Some records — like meeting scheduling emails or duplicate copies — have no required retention period and can be disposed of at the office's discretion.

Implementing a retention schedule

Having a retention schedule on paper is one thing; putting it into practice is another. Effective implementation requires:

1. Inventory existing records: Before you can apply retention rules, you need to know what you have. This means cataloging the types of records your office holds, where they're stored, and in what format (paper, microfilm, digital).
2. Map records to schedule categories: Each record series in your inventory should correspond to a line item on the retention schedule. If records don't map cleanly, consult with your state archives or legal counsel.
3. Establish disposition procedures: Define how records are destroyed when their retention period expires — shredding for paper, secure deletion for digital files. Document who authorizes destruction and how it's recorded.
4. Train staff: Everyone who handles records should understand the basics of the retention schedule and know which records can be disposed of and which must be preserved.
5. Review periodically: Retention schedules are updated when laws change. Offices should review their practices at least annually to make sure they're aligned with the current schedule.

How a DMS supports retention compliance

A document management system can make retention compliance more manageable by attaching retention metadata to each record at the time of filing. When a document is indexed with its record type, the system can automatically calculate the retention period end date and flag records that are eligible for disposition.

This is more reliable than relying on staff to remember retention rules for every document type, and it creates a clear audit trail showing that disposition decisions were made according to the approved schedule.

Common pitfalls

• Keeping everything forever: Some offices avoid disposing of any records out of caution. While understandable, this leads to storage costs, search inefficiency, and difficulty distinguishing active records from obsolete ones.
• Inconsistent application: If retention rules are applied differently across departments or staff members, the office risks both premature destruction and unnecessary accumulation.
• Ignoring digital records: Retention schedules apply to all formats. Offices that focus only on paper records may overlook emails, database exports, and digital images that also have retention requirements.
• No documentation of destruction: When records are destroyed, the office should maintain a log noting the record series, date range, method of destruction, authorizing official, and date of destruction.