record retention laws by state

record retention laws by state

Record Retention Laws by State

A clearly defined document retention policy (DRP) is beneficial for organizations. An appropriate record retention tracking solution enhances efficiency, safety, and peace of mind. All of us are aware of the need for the digitization of historical records and many of us are acquiring its benefits. If we have not done it so far then on a priority basis we must adapt to organize and draft secure and portable document retention methods.

It is important to develop a well-executed record retention process to ensure that your organization abides by state and federal compliance standards. Also, you need to find out a cost-effective process to maintain record retention and destruction policy

To help you develop a retention policy according to state laws, the post covers all the details and information about the laws implemented in the respective state. Let’s have a look at them!

How Long Should Records and Information Be Retained?

Records Retention procedure comes under state laws and regulations. Certain audits are done to check the records and their validity. The government agencies like Internal Revenue Service (IRS), Fair Labor Standards Act (FSLA), the Health Insurance Portability and Accountability Act (HIPAA), the Employee Retirement and Income Security Act (ERISA), and mandates by the Occupational Safety and Health Administration (OSHA) are responsible for checking records as per the record types

The records are stored for one, three, five, and forever depending on the document types. Now to know, what is the legal retention period for documents?

  • The first consideration is to address the records category and the retention guidelines to follow.
  • The next step is to find out a feasible solution for record storage in a hassle-free manner. One of the easiest, fastest, and safest ways to archive important physical documents is through digital scanning and conversion.

Here you need to take the help of record storage agencies that have techniques and storage methods to archive data. In addition, they have the latest information on federal laws, local document retention provisions, and state-wise laws

Electronic Retention And Digitizing Records Cost-Effectively

Before thinking about the storage cost, software, and agency, we must know- What are the federal and state laws that require specific document retention? Finding the required time of data storage will decide the cost of storage. Every record need not use Ai or ML or Neural Network Tools for storage.

As per the record retention guidelines 2022, the following key points help in developing an efficient system

  • Leverage automation to identify important information
  • Integrate devices to assist with document capture
  • Apply standardization and archival strategies for easy retrieval
  • Implement tools that can follow state recordkeeping laws chart
  • Ensure the safe disposal of unneeded documents

Record Retention Schedules By State

As per the record retention guidelines, the state-wise schedules are given so that the retention methods are verified and records are audited. The compiled record retention schedule by the state for municipalities, special districts, state agencies, boards, and commissions, as well as general employer recordkeeping laws, is given below.

Note- For knowing the specific recordkeeping requirements you may contact the department that oversees records management in your state

Alabama – Alabama Department of Archives and History

Staff from the Alabama Department of Archives and History (ADAH) work with state and local agencies on records and information management and the preservation of permanent records.

Alabama Document Retention Schedules

A glossary in alphabetical order is displayed here depicting the record retention schedule.

Alaska – Alaska State Archives

RIMS: Providing leadership and guidance relating to records and information management for the State of Alaska.

Arizona – Retention Schedules for Arizona

The authority provides continuity of services while reducing exposure risks. The authority guides on the permanent and historical records storage following the personal record retention laws by state.

Arkansas – Records Retention Schedule for Arkansas

Act 918 of 2005 requires that all state agencies, boards, and commissions comply with the Arkansas General Records Retention Schedule upon the earlier of either July 1, 2007, or receipt of the necessary line-item appropriation. This link will provide educational resources and training materials to assist agencies in complying with the Arkansas General Records Retention Schedule.

California – Records Management and Appraisal Program for California

The State Records Management Act (Government Code Sections 12270-12279) directs California’s Secretary of State to establish and administer a records management program. The agency suggests efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposal of State records.

Colorado – Records Management for Colorado

The Colorado State Archives is authorized by statute to prepare retention and disposition schedules for state agencies, municipalities and counties, school districts, and special districts in Colorado. These schedules authorize legal destruction of records that are no longer of value to the agency, and they advise agency officials as to which records must be retained permanently.

Connecticut – General Records Retention Schedule for Connecticut

You can contact the Office of the Public Records Administrator to check the status of your agency. However, General Records Retention Schedules as per the records like administrative, health , financial and so on are shown on the mentioned link

Delaware – General Records Retention Schedules for Delaware

You can check the state record retention schedule and plan accordingly. The executive, judicial, and legislative branch agencies as well as official state boards, commissions, and task-forces can note down the schedule. Even you can check the medical record retention laws by state.

Florida – General Records Schedules for Florida

To follow the personal record retention laws by state, the retention schedule given here will help several agencies to plan accordingly. The agencies can locate their schedule as personnel, accounting, and general administration. If your industry type is not mentioned, you can contact your Records Management Liaison Officer for more information.

Georgia – Retention Schedules for Georgia

To have more clarity on the record retention policies, browse this link to find out the retention schedule of Georgia state The state recordkeeping laws chart will help you find out the schedule as per your records.

Hawaii – Records Retention and Disposition Schedules for Hawaii

The Department of Accounting and General Services, commonly known as DAGS, is headed by the State Comptroller. The department is responsible for managing and supervising a wide range of State programs and activities. If you are a registered agency, then check the retention schedule here.

Idaho – State Records Retention Schedules for Idaho

The State Records Manual (Statute 67-4126) was created to promote coordination and collaboration in records management across state agencies to establish standards and policies.

Illinois – State and Local Government Records Management Program for Illinois

The retention management schedule is posted here for the state of Illinois. The health retention laws by the state as well as the personal data retention laws are a valuable resource for the agencies working in this field.

Indiana – Overview on Records Retention Schedules for Indiana

Retention Schedules tell us how long the law (or administrative policy) says we need to keep the various categories of records and documents we create or receive in Indiana government, and what to do with them after that. The record series for each data type is created. Records that share the same topic, legal requirements, and retention instructions are grouped under a single Record Series. Check by your record series such as medical or accounting data.

Iowa – State Records Manual and Schedule for Iowa

The records retention schedule is a calendar of the length of time information should be retained. At the termination of the retention period, the record information is destroyed unless delayed by an outstanding departmental or legal need. The State Records Commission approves all retention schedules. Record retention periods vary as per records such as administrative, fiscal, legal, and historical needs. The State Archivist assumes legal custody and responsibility for access to records preserved in the State Archives.

Kansas – State Records Retention Schedule for Kansas

Establishing and implementing a State Records Board approved schedule ensures that an agency complies with all applicable statutes and regulations concerning the management, preservation, and disposition of government records. By regulating the storage and treatment of records during all phases of the records life cycle, the schedule also allows an agency to more effectively manage records as a valuable and expensive resource. Get the details and apply to retain the data of your agency.

Kentucky – State Government Records Retention Schedules for Kentucky

Retention Schedules for Kentucky State Agencies are approved and updated as necessary by the State Libraries, Archives, and Records Commission. These Schedules have been incorporated into the Administrative Regulation 725 KAR 1:061, Records retention schedules; authorized schedules, which was updated most recently in 2015.

Louisiana – Managing Records in Louisiana

The Records Services section of the State Archives helps state and local government agencies manage their records, from the point of the record’s creation to its destruction or long-term preservation. The section has three components: Records Management, the Records Center, and Imaging and Preservation Services.

Maine – Local Government Record Retention Schedules for Maine

The Maine State Archives in conjunction with the Archives Advisory Board establishes local government record retention schedules. These schedules are adopted according to Maine Title 5, Chapter 6, §95-B. Comments and suggestions for changes or additions may be directed to Records Management.

Maryland – List of Approved Retention Schedules for Maryland

The link provides access to all state, county, and municipal retention schedules that are known by the Archives to have received approval from the State Archivist. These series include schedules that have been amended or superseded by later schedules and, therefore, may no longer be in effect. Questions regarding current schedules should be directed to the agency that creates the record. Inquiries about extant schedules can also be directed to the Records Management Division of the Department of General Services.

Massachusetts – Records Management Unit for Massachusetts

Records Management Unit for Massachusetts ae maintained by the state agencies’ Records. The updated forms, new guidelines, municipal agency forms can be downloaded from the website. Also, the Supervisor of Public Records Bulletins are posted on the link mentioned above.

Michigan – Retention and Disposal in Michigan

Schedules define how long records need to be retained to satisfy administrative, fiscal, legal, and historical requirements, and they specify if/when records can be destroyed. Local government schedules are approved by an agency, Records Management Services, Archives of Michigan, and the State Administrative Board. Approved schedules provide the only legal authority to destroy public records.

Minnesota – General Records Retention Schedules for Minnesota

Provided below are links to various records retention schedules for Minnesota government entities. Those listed include various schedules for State Agencies, Minnesota Counties, Cities, Townships, School Districts, and District Courts. You can get the updated information on the link mentioned above.

Mississippi – Local Government Records Retention Schedules for Mississippi

The Local Government Records Office staff are here to guide you towards a successful records management program through consultations and hands-on assistance. You can enroll yourself for the education and training through workshops, onsite, and at conferences. Also the information on the creation of standards for the management of paper, microform, and electronic records, and for records storage

Missouri – State Agency Records Retention Disposition for Missouri

The Office of Records Management assists agencies within state government with the continual process of renewing and revising their records management program and provides the tools to ensure the efficient management of information.

Montana – Records and Information Management Took Kit for Montana

Retention provides a minimum period that a specific type of record must be retained and preserved and the appropriate disposal method (toss, shred, etc). View the current State Agency Records Retention Schedules.

Nebraska – Records Retention and Disposition Schedules for Nebraska

The secretary of state has responsibilities over the following areas: elections, business registrations, occupational licensing, state rules and regulations, records management, international relations, and youth civics programs. The secretary of state is the keeper of the Great Seal of the State of Nebraska, and the office is the repository for official state documents. By law, the secretary of state serves on several state boards.

Nevada – State Records Retention Schedules for Nevada

Records retention schedules are determined by the record type and the business, legal, and compliance requirements associated with the record. Retention schedules establish guidelines regarding how long important records must remain accessible for future use or reference, as well as when and how the record can be destroyed when it is no longer needed. If a record does not have a retention schedule it must be kept indefinitely.

New Hampshire – Records Retention Schedules for New Hampshire

As time goes by, municipalities find themselves confronted with how to handle the seemingly endless stream of paper associated with the operation of government. As populations grow, there are more and more subdivision applications, building permits, abatement requests, tax cards, zoning appeals, and even dog licenses. What do we do with all of these documents? Here is the need to follow a retention process issued by the states.

New Jersey – Records Retention Schedules for New Jersey

The Bureau of Records Management places all public records on Records Retention Schedules that list the minimum legal and fiscal periods they must be retained by state and local governmental and educational agencies. Working with personnel from the records-creating agency, the Bureau determines these retention periods in conformance with state and federal codes, regulations, and statutes of limitation.

Final approval of the schedules comes from the State Records Committee, which is comprised of representatives of the Attorney General, State Treasurer, State Auditor, Director of Local Government Services, and the Secretary of State. Click on the given link, you can find the most commonly used schedules.

New Mexico – Records Responsibilities and Mission in New Mexico

While government offices maintain extensive amounts of records and information, workers must be able to locate records and information quickly for the successful flow of government operations. Records are evidence of what an agency does. Records document business activities and transactions such as contract negotiations, business correspondence, personnel files, financial statements, etc. The mission of the Records Management Division is to assist government agencies with the development of efficient and effective records management programs.

New York – Records Management for New York

The New York State Archives developed the following records retention and disposition schedules in partnership with state and local governments. For general information about records scheduling and destruction, see Publication #41, Retention and Disposition of Records: How Long to Keep Records and How to Destroy Them. The complete information is provided here.

North Carolina – Records Retention for North Carolina

Retention & Disposal Schedules identify all of the records that are maintained by government agencies, regardless of format. Development of records retention schedules, approved by the Local Government Records Committee, Approval of Records Disposal Authorizations for court, and unscheduled records are mentioned on the website. Have a look at it.

North Dakota – Records Management for North Dakota

Records Management is the professional practice of identifying, classifying, preserving, and disposing of the records of an organization while capturing and maintaining the evidence of an organization’s business activities as well as reducing the risks associated with it.

Ohio – Records Management for Ohio

Records Retention Schedules list the records created, used, and maintained by state agency personnel, along with retention and disposal information for those records. A Records Retention Disposition Table notes the year in which a records series is created with corresponding disposition dates based on retention requirements. Records become eligible for disposition as of December 31st of the year indicated in the table(s).

Oklahoma – Records Scheduling for Oklahoma

With certain statutory exceptions, all state agencies, boards, and commissions are required to establish and maintain ongoing “programs for the efficient and economical management of records” and have their programs approved by the Archives and Records Commission (67 O.S. Sec 206, 305). The state has record management coordinators in individual agencies to do the documentation

Oregon – Records Management for Oregon

The retention schedule gives us details about how long the records are maintained? Also, the state agencies such as Fire Damage Resources, Records Management Training and Education and Records Retention Schedules guide the agencies to take vital steps for maintaining records. Oregon Records Management Solution (ORMS) is responsible for scheduling the retention plan.

Pennsylvania – Records Management for Pennsylvania

The Pennsylvania Historical and Museum Commission, in conjunction with the Secretary of Administration, is responsible for implementing the Commonwealth’s records management program. Through the Pennsylvania State Archives, the Commission operates the State Records Center, the State Archives, and the Records Management Program for all Executive Branch agencies.

Rhode Island – Records Management for Rhode Island

The Public Records Administration oversees records management functions within state and local government. The program provides records management advice, assistance, and consultation to all public bodies, including state and municipal agencies, on the proper care of records during their life cycle, including the preservation of historical records in their care.

South Carolina – Records Management for South Carolina

Records Management for South Carolina provides the record retention schedules for various industries such as healthcare, financial, administrative, and so on. The state operates through record retention schedules to maintain historical and personal data management. Check for retention & destruction schedules.

South Dakota – Retention and Destruction Schedules for South Dakota

SDCL 1-27-13 and 1-27-14 require that each agency develop record retention and destruction schedules. Agencies, institutions, and regional offices can obtain assistance with records inventory, appraisal, and schedule drafting by writing, calling Records Management at 605-773-3589, or emailing BOA-RecMgt Front Desk.

An agency Records Officer may request a working copy of their records retention and destruction schedule(s) when retention schedule changes need to be made. Contact Records Management for additional information regarding this process.

Tennessee – Division of Records Management for Tennessee

The Tennessee Secretary of State has oversight of the Department of State. The Secretary of State is one of three Constitutional Officers elected by the General Assembly, in a joint session. The constitution mandates that the secretary must keep a register of the office for record maintenance.

Texas – Retention Schedules for Texas

A records retention schedule is a document that identifies and describes a state agency’s records and the lengths of time that each type of record must be retained. Texas state agencies and public universities are required to submit their retention schedules to TSLAC on a timetable established by administrative rule.

Utah – Retention Schedules for Utah

Retention Schedules for Utah are thoroughly audited to maintain the records. Also, the agency-wise records are maintained by the state government. Check out the records retention schedule. If you are not registered then do it get approval for the archival records.

Vermont – Records Retention for Vermont

For Vermont state, the records retention schedule is posted The sector-wise categories are defined. For example, if you are a private agency and looking for the retention schedule for the personal record retention, you can straightway find out the dates. The schedule helps you organize the retention of records and timely destruction of records that are not required.

Virginia – Records Retention for Virginia

Under the authority of the Virginia Public Records Act, the Records Management section at the Library assists state and local government in ensuring that public records are maintained and available throughout their life cycle.

Records Management supports the efficient and economical management of public records by publishing records retention and disposition schedules,. The workshops are conducted for monitoring the disposal of non-permanent records and assisting with the transfer of permanent records to the Archives.

Washington – Records Retention Schedules for Washington

This records retention schedule authorizes the destruction/transfer of public records documenting common functions and activities of state government agencies, including universities and community and technical colleges. It is to be used in conjunction with the other approved schedules that relate to the unique functions of the agency.

West Virginia – Records Management for West Virginia

Whether researching your family lineage or looking for information on the history of West Virginia, the Archives and History website is the premier online resource for validating the records maintained. You can check the schedule by the industry type or records type.

Wisconsin – Statewide General Records Schedule for Wisconsin

General Record Schedules (GRS) is a mechanism for the systematic retention and disposition of similar types of records across all government units. They lend consistency to recordkeeping across all government units and assure accountability to the public.

The PRB supports the development of and has approved, GRSs in several functional areas. Their policy statement mandates usage and implementation of these schedules, as well as outlines a process and requirements that state agencies must opt for.

Wyoming – Records Retention Schedules for Wyoming

Wyoming Statutes 9-2-410 states: “All public records are the property of the state. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only following W.S. 9-2-405 through 9-2-413.”

Wyoming Statutes 9-2-401(a)(v) states that “Public record” includes the original and all copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, scan, sound recording, map, drawing, or other documents. Regardless of a physical, digital or electronic form of transacting public business must be checked by the state authorities.

Note: The source of the above data is the official website of the concerned authorized states. There might be changes in the schedules due to COVID-19 which you need to check on the state websites.

Choose the Best Storage Services for Retention Tracking

Following the state recordkeeping laws chart, the state-wise retention schedules might help you better organize the records As per the state laws, you must have a record management system to maintain the digital records of the company.

Professional agencies such as eRecordsUSA can help you in online document management & record storage. You can shortlist a few agencies in your state to get free quotes from a records management company. Also, you can check the personal record retention laws by state authorities maintaining state recordkeeping laws charts as per the various types of records.