How long should you retain job applicant and interview records for candidates you didn't hire?

Records for candidates you did not hire — applications, resumes, interview notes, assessments, background-check authorizations, and correspondence — are not throwaway documents. They can become evidence in discrimination claims, so they deserve a defined retention period rather than ad hoc deletion.

Why these records carry risk

Hiring records may be subject to anti-discrimination and equal-employment recordkeeping rules. Federal guidance generally directs employers to preserve application and hiring materials for a set period after the decision is made, and longer if a charge of discrimination or a lawsuit is filed. The practical takeaway: a rejected applicant’s file is exactly the kind of record a regulator or plaintiff’s attorney may request, so destroying it too soon can look like spoliation.

A principle-based approach

Because exact minimums vary by jurisdiction, employer size, and the type of role, build your retention rule on these principles rather than guessing at a number:

• Identify the governing rule. Confirm the recordkeeping obligations that apply to your organization under federal, state, and (where relevant) contractor or sector-specific requirements. Where a specific minimum applies, treat it as a floor, not a target.
• Set a single, defensible period. Apply one consistent retention period to non-hire records across the organization so disposition is uniform and explainable.
• Extend for disputes. If a complaint, charge, audit, or litigation is reasonably anticipated or active, suspend disposition with a legal hold until the matter fully resolves.
• Dispose on schedule. Once the period lapses and no hold applies, destroy the records securely and document that disposition. Keeping applicant data indefinitely creates privacy exposure and weakens your program.

Privacy and consistency

Applicant files often contain personal data — contact details, dates of birth, sometimes demographic or background-check information. Retain only what you need, secure it during the retention window, and dispose of it the same way every time. Defensible disposition depends on following a written schedule consistently, not on individual judgment.

When in doubt, confirm the current minimums with counsel and document the basis for the period you choose. For broader context on building and defending retention rules, see the information governance topic hub.