Do state and local government agencies have to follow a state-approved records retention schedule before destroying records?

In most cases, yes. State and local government agencies generally cannot destroy public records at will. The authority to dispose of records — and the schedules that govern timing — typically comes from state law rather than federal rules.

Why a Schedule Is Usually Required

Public records belong to the public, not to the individual office or employee that created them. To protect that interest, nearly every state has enacted public records and records management statutes that:

• Define what counts as a public record.
• Establish a state archives or records management authority (often within the secretary of state, state archives, or a records commission).
• Require that records be kept for minimum periods and disposed of only under an approved retention schedule.

A retention schedule lists categories of records and tells the agency how long to keep each one and what happens at the end of that period — destruction, transfer to an archive, or permanent preservation. Destroying records outside this framework can expose an agency to legal, audit, and accountability problems.

How Approval Typically Works

The specifics vary by state, but the common pattern is:

1. The state issues general schedules covering record types common to many agencies (for example, payroll, correspondence, or meeting minutes).
2. Agencies may request agency-specific schedules for unique records.
3. Disposition usually requires that the schedule be approved by the designated state authority before records are destroyed.

This mirrors the federal model, where the National Archives approves disposition of federal records — no federal record is destroyed without authorization.

Important Limits and Exceptions

Even with an approved schedule, an agency must suspend destruction when records are subject to:

• A litigation hold or anticipated litigation.
• An open public records (FOIA/sunshine-law) request.
• An audit, investigation, or other legal obligation.

Practical Guidance

Always confirm the rules in your specific state, because terminology, oversight bodies, and timelines differ. Your state archives or records management program is the authoritative source. For broader context on retention, disposition, and accountability, see the information governance topic hub.