How long should we keep job applications and resumes from candidates we didn't hire?

There is no single universal answer, because the right retention period for non-hire applicant records depends on the laws that apply to your organization and on a defensible, documented schedule. The goal is to keep these records long enough to satisfy legal and operational needs, then dispose of them consistently.

Why these records have a retention period at all

Applications and resumes from candidates you did not hire are still records of a business activity: your hiring decision. They can become relevant if a non-selected applicant raises a discrimination claim, if a regulator audits your hiring practices, or if you need to demonstrate why a particular candidate was chosen. That potential need is what drives a minimum retention period rather than immediate deletion.

How to determine the right period

Work from principles, not guesswork:

• Identify applicable law. Equal-employment rules generally require employers to retain personnel and application records for a defined minimum period after the action they relate to. The EEOC publishes recordkeeping requirements that specify how long hiring-related records must be kept. Other obligations (federal contractor rules, state law) may extend this.
• Account for litigation holds. If a charge or lawsuit is filed, you must preserve all related applicant records until the matter is fully resolved, even if the normal period has passed.
• Set a single, defensible minimum. Where several rules apply, retain to the longest required period so you satisfy all of them at once.
• Treat all non-hire applicants consistently. Applying the same rule to every candidate avoids the appearance of selective destruction.

Build it into a schedule

Capture the period in your organization’s records retention schedule rather than deciding case by case. Federal agencies use the National Archives General Records Schedules as a model for standardizing employment-record retention. Once the period lapses and no hold applies, dispose of the records securely; resumes often contain personal data that warrants protected destruction.

If you are unsure of the exact minimum that applies to you, confirm it with counsel or your HR/compliance team before setting the schedule.

For broader context on building defensible retention practices, see the fundamentals topic hub.