What should we do if we find boxes of records that are years past their retention period and were supposed to be destroyed?

Finding boxes of records that were supposed to be destroyed years ago is common, and the instinct to immediately shred them is usually wrong. The fact that records have outlived their scheduled retention does not by itself authorize destruction today. Slow down and work the problem in order.

Stop and Do Not Destroy Yet

Resist the urge to dispose of the boxes on the spot. Circumstances may have changed since the disposition date passed. The records could now be subject to a legal hold, an open audit, a public records or FOIA request, or active litigation. Destroying material that is under a preservation obligation can expose your organization to spoliation claims and penalties, even if the underlying schedule says the records are eligible for destruction.

Identify and Document What You Have

Inventory the boxes before deciding anything. Capture the record series, the office of origin, date ranges, and the retention schedule that applies. Note whether the contents include personally identifiable information, protected health information, or other sensitive categories, since those raise additional handling and privacy duties. Treat this as fact-finding, and keep your notes.

Check for Active Holds and Obligations

Confirm with legal counsel, your records officer, and relevant program owners whether any hold applies. A litigation hold or investigative hold always overrides a retention schedule. Only when you have verified that no hold, request, or pending need attaches to the records should disposition move forward.

Dispose Under the Schedule, With Approvals

If the records are genuinely eligible and free of holds, complete disposition the right way:

• Confirm the applicable, current retention schedule and required approvals.
• Obtain sign-off from the records officer and any required authority.
• Use a secure, documented destruction method appropriate to the sensitivity.
• Record a certificate of destruction listing what was destroyed, when, by whom, and under which schedule.

Fix the Root Cause

A backlog like this signals a process gap. Use the find to strengthen your program: schedule periodic disposition reviews, assign clear ownership, and make sure eligible records are reviewed and dispositioned on time rather than accumulating.

For broader guidance, see the archives and preservation hub. The goal is defensible, documented disposition, not speed.