How long should an employer keep job applications and resumes from candidates who were not hired?

There is no single universal answer, but the safe practice for most U.S. private employers is to retain applications and resumes from non-hired candidates for at least one year from the date the hiring decision is made. Several factors can extend that period, so the right retention depends on the laws and rules that apply to your organization.

Why one year is the common baseline

Federal anti-discrimination rules administered by the Equal Employment Opportunity Commission generally require employers to keep records related to a hiring decision — including applications and resumes — for a defined minimum period after the action is taken. The widely cited baseline is one year. Government contractors, larger employers, and entities covered by additional rules may face longer minimums, so confirm the specific requirements that apply to you.

When you should keep them longer

Several situations call for retaining these records beyond the baseline:

• A charge, complaint, or lawsuit is filed or anticipated. When litigation or an enforcement action is reasonably foreseeable, you must preserve all relevant records — including non-hired applicant files — under a legal hold until the matter fully resolves. A routine retention schedule never overrides a legal hold.
• State or local law sets a longer period. Many jurisdictions impose their own recordkeeping minimums.
• Industry or contractual obligations apply, such as federal contractor requirements or accreditation standards.

Build it into a retention schedule

Treat recruiting records as a defined records series with a documented retention period and a consistent, defensible disposition process. Best practices include:

• Apply the longest applicable requirement when multiple rules overlap.
• Define a clear start date (typically the hiring decision) so the clock is unambiguous.
• Dispose of records securely and consistently once the period ends — inconsistent or selective destruction undermines defensibility.
• Protect applicant data while it is retained, since these files contain personal information.

Balance retention against privacy

Keeping records longer than required increases storage cost and privacy exposure. Retain only as long as a legal, regulatory, or legitimate business need justifies, then dispose under your schedule.

For more on building defensible retention programs, see the compliance and standards topic hub. When in doubt about a specific obligation, consult qualified counsel for your jurisdiction and industry.