What records retention requirements apply to state and local government agencies under their own schedules?

State and local government agencies do not follow the federal records schedules issued by the National Archives. Instead, each state operates its own records management framework, and agencies retain records according to schedules approved under that state’s authority. Local governments — counties, municipalities, school districts, and special districts — generally fall under the same state system, often through schedules tailored to local functions.

Where the Requirements Come From

In most states, a state archives, state library, or records management division is statutorily responsible for overseeing public records. Retention requirements typically flow from several sources:

• State public records or records management statutes that define what counts as a public record and require approved disposition.
• Retention schedules approved by a designated authority (often a state archivist or a records commission), which set minimum keeping periods by record type.
• General schedules covering records common to many agencies (payroll, correspondence, contracts) and agency-specific schedules for unique functions.
• Other laws — tax, employment, audit, litigation, and program-specific rules — that impose their own minimums and may override a shorter schedule.

How Schedules Work

A retention schedule lists record series, the required retention period, and the final disposition: destruction, transfer to an archives, or permanent preservation. Periods are usually expressed as minimums, frequently triggered by an event such as the end of a fiscal year, case closure, or contract expiration. Records may not be lawfully destroyed before their scheduled period ends, and destruction generally must follow an approved, documented process.

Key Principles for Compliance

• Use the approved schedule. Apply the schedule that your state (or its delegated local authority) has approved for your record series; do not assume federal periods apply.
• Apply the longest applicable requirement. When multiple laws touch the same record, retain for the longest mandated period.
• Suspend disposition under a legal hold. Pending or anticipated litigation, audit, or investigation overrides routine destruction.
• Document disposition. Maintain destruction logs and transfer records to demonstrate accountability.

Because requirements vary by state and by record type, agencies should consult their own state archives or records authority for the controlling schedule. For broader context on retention concepts, see the fundamentals topic hub.