How do we handle federal records that are discovered years past their approved disposition date and never destroyed?

Finding federal records that should have been destroyed years ago is more common than many agencies expect, especially as legacy file shares, storage rooms, and inboxes are inventoried. The discovery itself is not a violation to hide; how you respond is what matters.

First, do not rush to destroy

Resist the instinct to immediately apply the overdue disposition. Records past their disposition date can be subject to legal holds, ongoing litigation, congressional inquiries, audits, or pending Freedom of Information Act (FOIA) requests. Destroying them after discovery, without first checking these conditions, can turn a recordkeeping lapse into spoliation or obstruction.

Before any action, confirm:

• No litigation hold, investigation, or audit covers the material.
• No open FOIA or Privacy Act request reaches the records.
• The applicable schedule is still current and the disposition authority valid.

Verify the disposition authority

Disposition can only be carried out under a current, approved schedule. Schedules change over time, so reconfirm the authority — whether an agency-specific schedule or a General Records Schedule — rather than relying on a years-old determination. If the records were never properly scheduled, treat them as unscheduled and obtain authority before disposing of anything.

Document the gap

Treat the discovery as a recordkeeping event in its own right. Note what was found, the volume and date range, why disposition lapsed, and what corrective action you take. This record protects the agency by showing good-faith management and supports any required reporting.

Apply disposition deliberately

Once you have confirmed there are no holds and the authority is valid, you may proceed:

• If the authorized action is destruction, carry it out and document the date, method, and approver.
• If the records have permanent value, arrange transfer to the National Archives rather than destroying them.

Strengthen the program

A years-late discovery usually points to a process gap. Update your inventory, build disposition reminders into recurring workflows, and train staff so eligible records move on schedule going forward.

For broader guidance on schedules, holds, and lifecycle management, see the federal records topic hub.