We found a batch of records that are years past their retention period during a cleanup, what do we do with them now?

Finding records that have outlived their retention period is common during cleanups, and the instinct to “just delete them” is understandable. Resist that instinct. Being past a retention date does not automatically authorize destruction. Disposition must be deliberate, documented, and defensible.

Stop and Confirm Before You Destroy

Before anything leaves the building or the server, work through a few checks.

• Verify the records schedule. Confirm the record series, its approved retention period, and the authorized disposition action. A record may look “expired” but actually be permanent, or its retention may run from an event (case closed, contract ended) rather than the creation date.
• Check for legal holds and active needs. If the records are subject to litigation, audit, investigation, or a regulatory or public-records request, any disposition is suspended until the hold is lifted, regardless of age. Destroying records under hold can carry serious consequences.
• Confirm there is no ongoing business value. Occasionally records are still in use even after their minimum retention has passed.

Carry Out Disposition Properly

Once you have confirmed the records are eligible and free of holds:

• Apply the authorized action. That may mean destruction, or it may mean transfer to an archives for permanent records. Follow the method your schedule and policy specify.
• Use a secure method appropriate to the content. Sensitive, confidential, or personally identifiable information warrants secure shredding or verified electronic deletion, not the recycling bin.
• Document everything. Record what was destroyed, the authority (schedule citation), the date, the method, and who approved and witnessed it. A certificate or log of destruction is your evidence that disposition was routine and authorized.

Fix the Root Cause

A backlog this large usually signals a process gap. After the cleanup, consider scheduling regular disposition reviews so records are reviewed when they come due rather than accumulating for years. Consistent, scheduled disposition is far more defensible than sporadic purges, and it reduces storage cost and risk over time.

When in doubt about authority or holds, pause and consult your records officer or legal counsel before destroying anything. You can learn more in our retention and disposition topic hub.