Information Technology Services

Destruction of Public Records

1. What is a "legal hold" or "litigation hold" on records and when does it apply?
2. When can I destroy records?
3. How do I destroy records?
4. When can I delete my email?
5. How do we destroy records that are not listed on any schedule?
6. Should I keep track of or inform someone about the records being destroyed?

1. What is a "legal hold" or "litigation hold" on records and when does it apply?
   
   A legal hold or litigation hold means that records that are the subject of the legal hold or litigation hold must be preserved and thus must not be destroyed until officially released from the hold. A legal hold or litigation hold is placed when either an official discovery order is served on the University requesting the production of the records in question (for a litigation, regulatory investigation, audit, open records request, etc.) or litigation is pending and the University is thus on notice to preserve all potentially relevant records. You must also ensure that for a claim or litigation that appears to be reasonably foreseeable or anticipated but not yet initiated, any records (in paper or electronic formats) relevant to such a claim or litigation are preserved and not destroyed until released by your University Counsel. The records in question must not be destroyed until the completion of the action and the resolution of all issues that arise from it regardless of the retention period set forth in this schedule. If you have any questions contact your University Counsel.
   
   
2. When can I destroy records?
   
   Each records series listed on this schedule or in a specific office records schedule has specific disposition instructions that will indicate how long that series must be kept in your office. In some cases, the disposition instructions will call for permanent retention in an Archives, a designated, authorized storage space meeting certain conditions, or your office. (See also the question, "What do I do with permanent records?")
   
   
3. How do I destroy records?
   
   Records which have met their required retention requirements and are not subject to legal or other audit holds should be destroyed in one of the following ways:
   1. burned, unless prohibited by local ordinance
   2. shredded, or torn up so as to destroy the record content of the documents or material concerned
   3. placed in acid vats so as to reduce the paper to pulp and to terminate the existence of the documents or materials concerned
   4. buried under such conditions that the record nature of the documents or materials will be terminated
   5. sold as waste paper, provided that the purchaser agrees in writing that the documents or materials concerned will not be resold as documents or records - N.C. Administrative Code, Title 7, Chapter 4, Subchapter M, Section .0510
   6. for records subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), a method of destruction that complies with federal requirements.
      
      
   Confidential records should be destroyed in a secure manner so that the information contained in them cannot be viewed, used or recreated. For electronic records, permanent erasure or deletion of records or data requires specialized software, equipment, and/or skills. If this level of destruction is required, it is best to consult with IT professionals. Physical destruction of hard drives, magnetic tapes, CDs, or other electronic storage media is another means of disposal of media containing confidential or sensitive electronic records or data.
   
   Non-confidential records may be recycled or thrown out in accordance with the waste disposal policies and procedures of your University. Documenting record series destruction is advised. Contact your University Records Officer or Archivist for more information.
   
   
4. When can I delete my email?
   
   Electronic mail is just as much a record as any traditional paper record, and must be treated in the same ways. It is the content of each message that is important. If a particular message would have been filed as a paper memo, it should still be filed (either in your email program or in your regular directory structure), and it should be retained the same length of time as its paper counterparts. It is inappropriate to destroy email simply because storage limits have been reached.
   
   Three of our publications will be particularly helpful:
• E-Mail as a Public Record in North Carolina: Guidelines for its Retention and Disposition (PDF: requires a reader such as Adobe Reader)
• E-Mail User Guidelines Checklist (PDF: requires a reader such as Adobe Reader)
• North Carolina Public Records with Short-Term Value: Guidelines for their Retention and Disposition
  
  
5. How do we destroy records that are not listed on any schedule?
   
   Contact the University Records Officer or Archivist. He or she will discuss the nature of the records with you to determine if the records have historical value. If the records do have historical value, he or she will discuss the possibility of transferring the records to the Archives or to another designated, authorized permanent storage area.
• If the records are an active records series, the University Records Officer or Archivist will help you develop or amend a schedule so that you can continue to destroy the records appropriately. If the records do not have historical value and are not currently being created, the University Records Officer or Archivist will ask you to complete a "Request and Approval of Unscheduled Records Disposal Form." He or she will forward that form to the DCR Government Records Branch to make a determination about that destruction.
  
  
6. Should I keep track of or inform someone about the records being destroyed?
   
   We recommend that you report on your records retention activities to your University Records Officer or Archivist on an annual basis. This report does not need to be detailed, but it is important that significant destructions be reported to University Records Officer or Archivist.