What should we do when we find records sitting past their retention period during an office cleanup?

Finding records that have outlived their retention period is common during an office cleanup, and the instinct to simply throw them out is understandable. Resist it. Even expired records must be destroyed through a controlled, documented process. Here is how to handle them responsibly.

Pause Before You Discard

Do not destroy anything on the spot. The fact that a record has passed its scheduled retention period does not automatically authorize its disposal. Set the materials aside in a secure location and treat the cleanup as a discovery, not a disposition event.

Confirm the Records Schedule Still Applies

Match each record series against your organization’s approved retention schedule. “Past retention” only means eligible for disposition, and the schedule dictates whether the next step is destruction or permanent preservation. A small portion of records may have archival or historical value and should be transferred rather than destroyed. When the schedule is unclear, ask your records manager rather than guessing.

Check for Holds and Active Obligations

This is the step most often skipped. Records otherwise eligible for destruction must be retained if they are subject to:

• A legal hold or anticipated litigation
• An open audit, investigation, or public-records (FOIA) request
• Any ongoing business, contractual, or regulatory need

If any of these apply, the retention clock is effectively suspended. Destroying records under hold can carry serious legal and reputational consequences.

Destroy Through an Authorized, Documented Process

Once you have confirmed the records are eligible, free of holds, and not slated for preservation, dispose of them using your organization’s approved method. Match the method to sensitivity: shredding or secure pulping for paper, and certified data destruction for media. Records containing personal, confidential, or otherwise protected information warrant extra care.

Document what was destroyed, including the record series, date ranges, authorization, method, and who approved it. A destruction log demonstrates that disposal was routine and policy-driven rather than arbitrary, which is essential if your handling is ever questioned.

Treat It as a Process Signal

A cleanup that surfaces years of overdue records usually points to a gap in routine disposition. Consider building regular, scheduled reviews into operations so records are dispositioned on time going forward.

For broader context, see the Information Governance topic hub.