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How long do I have to keep electronic records?

The legal retention period for records is not determined by their format. Instead, retention depends on the function of the records and their legal, administrative, and fiscal value. If you are from a local government, check the retention schedule for your type of government (county, school district, municipality or miscellaneous) for the appropriate retention periods for your records.  If you are from a state agency, use the State General Schedule and your agency-specific records schedules to determine how long to keep your records. (If your records are not scheduled, contact your State Archives representative.) Records in all formats (hardcopy and electronic) must be retained beyond the minimum retention period when they are relevant to a FOIL request, audit, or legal investigation.

For more information on the retention of records, see Publication #41, Retention and Disposition of Records. The Archives also offers a workshop on using State Archives retention schedules every fall. Be sure to contact your Records Management Officer or the State Archives if you have any questions concerning the legal disposition of records. You can reach us at (518) 474-6926 or via email at recmgmt@nysed.gov.