Do state and local government agencies have to follow their state archives' retention schedules, and what happens if they don't?

The short answer: yes, in most states

In nearly every state, public records created by state and local government agencies are governed by a state public records or records management law. These laws typically designate a state archives or records management authority to issue records retention schedules that tell agencies how long to keep each type of record and when (or whether) it may be destroyed. Following these schedules is generally a legal obligation, not a suggestion.

Schedules usually fall into two categories:

• General schedules, covering common record types (payroll, meeting minutes, routine correspondence) that most agencies hold.
• Agency-specific schedules, covering records unique to a particular function or department.

Local governments — counties, cities, school districts, special districts — are commonly covered too, though the exact authority and process vary by state. Some states require agencies to obtain approval before destroying records.

Why the schedule matters

A retention schedule is the legal authority to dispose of a record. Destroying a record on schedule protects the agency; destroying one off schedule — too early, or without authorization — removes that protection. Keeping everything forever is also a problem: it raises storage and discovery costs and increases privacy and security exposure.

What happens if an agency doesn’t comply

Consequences depend on state law and the circumstances, but commonly include:

• Statutory penalties. Many states make unauthorized destruction or alteration of public records a violation, sometimes a misdemeanor or grounds for removal from office.
• Litigation and spoliation risk. Destroying records that should have been retained — especially once litigation is reasonably anticipated — can lead to court sanctions, adverse inferences, or evidentiary penalties.
• Open-records exposure. Improper disposal can undermine public records or freedom-of-information requests and invite oversight scrutiny.
• Loss of historical and accountability value. Records with archival value may be lost permanently.

Conversely, failing to dispose of records that are eligible for destruction is itself a compliance gap — it signals the agency isn’t managing its records under any controlled program.

Practical guidance

Identify which state authority governs your agency, map your records to the applicable schedules, document disposition decisions, and pause routine destruction the moment a litigation or audit hold applies. When in doubt about a specific record, confirm with your state archives before acting.

See more on retention and disposition.