Destruction of State Agency Records (all formats including paper and electronic)

State Records Destruction Form

• Consult your state agency’s RDA (Records Disposition Authority) for retention requirements
• Permanent records – see procedures on transfer to the Archives to obtain boxes
  
• Temporary records - determine if the records have met the minimum retention requirements as set forth in the RDA
• Ascertain whether litigation or other hold prevents legal destruction of records
• Complete a State Records Destruction Form
• Ensure the appropriate supervisor or records liaison signs off on the destruction notice
• Securely destroy records through shredding or some other secure means
• Report all destruction to your agency liaison so that it can be documented in your agency’s mandated annual report
• Failure to properly adhere to destruction procedures may result in an audit finding

The Code of Alabama 1975, 41-13-21 charges the State Records Commission (SRC) with the responsibility of determining which state records shall be preserved permanently because of historical value and which records may be destroyed. Under the Code, no state government official shall cause any records to be destroyed or otherwise disposed of without first obtaining the approval of the State Records Commission. Public officials fulfill this legal requirement by consulting the approved RDA pertaining to their records and following the prescribed records disposition instruction. Each agency is required, however, to submit to the SRC an annual RDA implementation report which provides records destruction documentation.

The Code of Alabama 1975 contains two chapters that address the general responsibilities of public officials for the care and handling of records they create, specifically Title 36, Chapter 12, and Title 41. Public officials are legally obligated to create and maintain records that adequately document the business of their agencies. Government records provide evidence of agency operations, document government and private rights and obligations, and serve as a mechanism of accountability. Therefore, public officials are responsible for ensuring that their records-in whatever storage medium are usable for as long as necessary to satisfy the record-keeping requirements set forth in state RDAs.

State agency officials may destroy records after satisfying the recordkeeping requirements set forth in state RDAs or retention schedules, presuming no litigation or other hold is placed upon the records.