Managing Records: Retention & Disposition

Frequently Asked Questions

How long do I have to keep records?
How long do I have to keep electronic records?
How can I as a state agency legally throw away records?
How can I dispose of large quantities of paper records?
I'm just starting out. Where should I begin to address records management issues?
Where can I get training in records management and archives?
Are electronic records and digital images legal in court?

How long do I have to keep records?
The legal retention period of records depends on the function of the records, legal requirements and the administrative or other use of the records. If you are a local government, check the retention schedule for your specific type of government (county, school district, municipality or miscellaneous) for retention periods for specific records. If you are state agency, check the state general schedule for some retention periods. However, most state agencies will need to work with the State Archives to develop retention schedules for their records. Contact the State Archives at (518) 474-6926 or via e-mail at RECMGMT@mail.nysed.gov for more information on scheduling state agency records. For more information on the retention of records, see Records Retention and Disposition of Records (Technical Information Series 41). The Archives also offers a Using State Archives Retention Schedules workshop in the fall. No matter what, be sure to talk to the Records Management Officer for your state agency or local government before you discard any records.

How long do I have to keep electronic records?
The legal retention period of records depends on the function of the records (regardless of format), legal requirements and the administrative or other use of the records. If you are a local government, check the retention schedule for your specific type of government (county, school district, municipality or miscellaneous) for retention periods for specific records. If you are state agency, contact the State Archives at (518) 474-6926 or via e-mail at RECMGMT@mail.nysed.gov for more information on scheduling state agency records. For more information on the retention of records, see Records Retention and Disposition of Records (Technical Information Series 41). The Archives also offers a Using State Archives Retention Schedules workshop in the fall. No matter what, be sure to talk to the Records Management Officer for your state agency or local government before you discard any records.

How can I as a state agency legally throw away records?
State agencies can legally dispose of records only if they have approved Records Disposition Authorizations in place for the records. State agencies should work with the State Archives to develop retention schedules for their specific records. Contact the State Archives at (518) 474-6926 or via e-mail at RECMGMT@mail.nysed.gov for more information on scheduling state agency records.

How can I dispose of large quantities of paper records?
Figuring how to destroy large quantities of paper records can be a difficult. One good solution is to use the services of a vendor that recycles paper. Such vendors certify the destruction of records and can make special accommodations for confidential records. Any state or local government agency in New York may now use the services of Empire Recycling Corporation for secure and environmentally acceptable disposal and recycling of bulk quantities of obsolete paper records at no cost. The services include pick-up, secure handling and, if necessary, shredding. The services are provided under the terms of a statewide contract administered by the State Archives' Records Center Services. For additional information about the contract, contact State Archives Records Center Services at (518) 457-3171 or via e-mail at jwelter@mail.nysed.gov.

I'm just starting out. Where should I begin to address records management issues?
One of the most interesting challenges in records management is getting started. If your government or agency has never tackled records management before there can be a lot of work ahead of you. First, you have to start by getting preliminary control over your records. Many government agencies accomplish this by conducting records inventories, developing or implementing retention schedules, and establishing inactive storage areas. For more information, see the "Getting Started" section of the website.

Where can I get training in records management and archives?
The State Archives provides workshops free of charge to local governments and state agencies, and others can attend if there is space available. The Archives holds these workshops across the state in three different seasons each year (spring, summer and fall), and we announce these workshops in seasonal catalogs and via our website. You can find a registration form for our current workshop offerings online. The State Archives can also present specialized workshops for individual governments, agencies or associations. For more information on workshops, contact the State Archives Regional Advisory Officer in your region of the state or (especially if you are an Albany-based state agency) contact the State Archives central office at (518) 474-6926.

Are electronic records and digital images legal in court?
Many people believe that electronic records and digital images cannot be used as evidence in court. Actually, electronic records can usually be used as evidence; however, you will need to be able to prove that the system that maintains the records is secure and maintains accurate, authentic records. For more information on this topic, see the State Archives publication Guidelines for the Legal Acceptance of Public Records in an Emerging Electronic Environment (SGP10).

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