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Portions of the Library's websites may be unavailable in the evening on Tuesday, Feb. 3, as we perform web maintenance. We apologize for any inconvenience!
Welcome to the Virginia Public Records Management Manual!
This page will guide government employees, particularly Records Officers designated for each agency or locality on how to appropriately identify, store, manage, and dispose of public records. This guide makes certain assumptions that the reader is a public employee of the Commonwealth and has some basic familiarity with the records of their office; however, no specialized knowledge of records management is presumed. If you are a citizen of the Commonwealth or a curious resident of another state, please understand that this is meant to inform Virginia's government employees on generalized best practices for records management. It may not accurately describe individual practices for a given agency.
If you have any questions about records management matters, you should contact your assigned records management analyst at the Library of Virginia. Our staff is here to help you!
The Virginia Public Records Act (VPRA) § 42.1-76 et seq. "…establishes a single body of law applicable to all public officers and employees to ensure that the procedures used to manage and preserve public records will be uniform throughout the commonwealth." § 42.1-79 vests the authority for records management in the Library of Virginia.
A records management program is implemented to:
Following sound records management practices is good business. Appropriately documenting the activities of public agencies is a keystone of transparent and accountable government.
In addition to the VPRA, the following statutes relate to public records management:
Records management is the economical and effective administrative process for managing information and ensuring access throughout its life cycle, from creation through active primary use, possible secondary uses, and ultimately to final disposition: destruction or, for a small percentage of records with permanent legal or historical value, archival preservation.
To create and maintain an effective records management program, each government entity must:
An effective records management program will:
The VPRA defines a public record as:
...information that documents a transaction or activity by or with any public officer, agency or employee of an agency. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received or retained in pursuance of law or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a public record.
Code of Virginia § 42.1-77
Public records, except for those exempt under the Virginia Freedom of Information Act (FOIA), must be available for access throughout their retention periods per Code of Virginia § 2.2-3700 et seq. A record that is considered FOIA-exempt is not exempt from the requirements of the VPRA. Records containing confidential information are still public records.
The VPRA § 42.1-85 states that each agency and political subdivision "shall designate as many as appropriate, but at least one, records officer to serve as a liaison to the Library of Virginia for the purposes of implementing and overseeing a records management program, and coordinating legal disposition, including destruction of obsolete records."
The person or persons who will serve as records officer(s) is officially assigned by mailing or emailing the Records Officer Designation and Responsibilities (RM-25 Form) to your assigned records management analyst.
The designated records officer (RO) acts as the liaison between the Library of Virginia and the agency for records management purposes. The RO should have the support of senior/executive management and should retain a position of influence within the agency or locality. The duties of the RO will require a substantial time commitment.
The employee designated as RO must have the time and the ability to:
These responsibilities must be clearly outlined and reflected in the records officer’s job description or employee work profile, and sufficient time in their established work schedule should be devoted to fulfilling these responsibilities.
Follow these steps to establish and maintain a successful records management program:
Identify the person(s) who will serve as records officer (RO) and lead the records management program. Complete the Records Officer Designation and Responsibilities (RM-25 Form) and submit it to the Records Analysis Section (RAS) at the Library of Virginia. Have senior management display support by announcing this appointment to all staff. Management should send a clear message that cooperation and compliance are expected from everyone.
Selecting records coordinators may be helpful for larger agencies or localities. These coordinators act as liaisons to divisions within the organization and aid the RO, and are internal appointments with no paperwork necessary. If someone on staff needs to enter boxes into ShelfLife for storage at the State Records Center (SRC), then a Records Technician Access Authorization (RM-26 Form) must be submitted formally designating that person as an authorized ShelfLife user.
Develop records management policies and procedures specific to the organization and disseminate them to staff along with references to online Library-approved retention schedules. Adherence to internal policies and procedures fosters accountability, credibility, and consistency within a records management program. To aid ROs with this task, we provide information on creating records management policy and procedures. Included are a policy template and guidance for developing procedures.
Regularly educate and train fellow employees. Keeping to a regular schedule to train new staff and refresh the memories of existing staff is critical to keeping the agency as a whole educated and in compliance. We provide a variety of educational resources on the Records Management website, including a resources page dedicated to topics such as social media, records destruction, and how to use the Virginia Records Officer Listserv (VA-ROL). Also available are Digital Imaging Guidelines, Email Management Guidelines, and Electronic Records Guidelines. We also maintain a YouTube channel devoted to training videos on topics such as the Virginia Public Records Act, transferring archival records, and filling out the Certificate of Records Destruction (RM-3 Form).
Create and distribute a disaster/emergency plan for protecting and preserving records. We provide access to the Intergovernmental Preparedness for Essential Records (IPER) Project. The IPER coursework is designed to help prepare state and local governments to protect records before, during, and after disasters and other emergencies and aid in the creation of a response plan.
Conduct regular reviews of retention schedules and your records management program, including a disaster/emergency plan critique. If necessary, contact the Records Analysis Section to update retention schedules or transfer records to the State Records Center or Archives.
Our records analysts are available to provide in-person and virtual records management training to agencies and localities. A minimum of 25 participants is required for a records management analyst to travel for an in-person training. In-person trainings must be scheduled well in advance of an analyst's arrival. Contact your agency’s assigned records management analyst for more information about training.
At the end of a records custodian's term of office, appointment, or employment, all records should be turned over to his/her successor. In the event that there is no successor, such as when an agency ceases to exist by an act of the General Assembly, all records should be transferred to the Library of Virginia per Code of Virginia § 42.1-88.
File management is the process of determining how files will be arranged, categorized, accessed, and stored in all formats. All files should have some form of arrangement, regardless of their format. This includes records in paper, digital, and electronic formats. Good file management requires consistency, simplicity, and flexibility. When developing a filing system, you should involve individuals who work directly with those records to ensure everyone is on the same page. Once developed, you should create policies and procedures for the filing system and file management practices and schedule regular training sessions with staff members.
Engaging in file management allows you to:
When developing a filing system, all record types and their locations should be identified, which includes addressing electronic management systems and network drives being used to store records. Policies and procedures created for file management should be incorporated into your broader records management policy.
You should attempt to make filing practices applicable across all formats. If your office maintains both paper and electronic systems, we recommend using the same filing schemes for all records that belong to the same records series.
The most common arrangement methods are alphabetical, numerical, or alphanumeric. The file arrangement should be based on how the records will be retrieved and the cutoff specified in the records retention and disposition schedule for that particular series.
There are two types of alphabetical filing:
Advantages of alphabetical filing:
Disadvantages of alphabetical filing:
Numerical filing typically looks like filing records by file number, Social Security number, date, or patient or case number.
Advantages of numerical filing include:
Disadvantages of numerical filing are:
An alphanumeric arrangement uses a combination of numeric digits and letters to create a flexible filing system. An index is required to use the system effectively.
Subjects may be substituted by using alphabetical or numerical codes, such as ADM-001 (Administrative Files, Director’s Correspondence) and ADM-002 (Administrative Files, Assistant Director’s correspondence).
Advantages of alphanumerical filing:
Disadvantages of alphanumerical filing:
Files on network drives must be managed according to established filing schemes just like paper records. Logical folder hierarchies and appropriate naming conventions for electronic files must be established and used consistently. Creating folders based on series found on the records retention and disposition schedules will help with file retrieval and disposal.
The file cutoff is a break or stop in the filing of a current records series, based on a predetermined date or event. To simplify storage and purging, filing schemes should be chosen based on which type of cutoff is stated on an approved records retention and disposition schedule.
Date Cutoffs are specified dates after which a new group of file folders is created for the same series. The file cutoff date keeps records of the same time frame together. Many state agencies and localities use the end of the fiscal or calendar year as a cutoff date. Colleges and universities may use the end of the academic year.
Event Cutoffs result in "continuous filing". Some files cannot be cut off by date. Instead, individual files are removed from the series after a specified event.
An index is a list used to determine file location. Alphanumeric and numeric systems may require an index, but alphabetical systems do not. Most indexes have headings and subheadings listed alphabetically. The heading is the main class or title of records and the subheading lists records that are derived from or related to the main heading.
When a paper file is retrieved, a charge-out card should be inserted in the location where the file was removed. This can be as simple as using a folder or another noticeably large paper product as your placeholder. Automated tracking systems, with the use of barcode wands, can expedite the check-in and check-out process for large filing systems, and can generate reports that show what files were requested and by whom.
To improve your organization of and control over your records, we encourage you to create a file plan for your office. A file plan is a targeted document that specifies the records created and managed within an agency. As our retention and disposition schedules can be broad, it’s a good idea to create a file plan to show links between an office's records and the schedules.
A good file plan will provide an overview of all records kept by a particular agency or a specific department, division, or office. A file plan can be useful in identifying the retention schedules and/or records series that are used within your office.
Tip: In your file plan, have a tab that provides clarity or a further explanation of the records series descriptions.
It is each government entity's responsibility to develop a records emergency plan, also known as a disaster plan, to use in the event of a disaster or other emergency. Records emergencies do not always rise to the level of “disasters”, and are not always weather-related. They can range from leaking pipes or a small mold outbreak to a hurricane or building-wide fire. Generally, records emergencies include anything that would interrupt business processes or the facility's structural instability.
When planning for a records emergency, you should first assess potential disasters that could impact your office, giving more consideration to common natural disasters in your area. For example, if your region is prone to flooding, your emergency efforts should have include detailed methods for handling this type of disaster.
In addition to creating a natural disaster assessment, you should conduct routine evaluations of records storage spaces. Physical storage spaces are encouraged to be observed to identify signs of damage including leakages and pest infestations. By taking a systematic approach to plan for records emergencies, you'll cut down on recovery time.
We encourage a proactive approach towards managing your records and recommend developing and maintaining a Continuity of Operations Plan (COOP) and a Records Emergency Action Plan (REAP). Further guidance on developing these plans are provided below.
The federal government and the Commonwealth of Virginia both use an emergency preparedness tool known as the Commonwealth of Virginia Emergency Operations Plan (COVEOP). Executive Order 41 (2019), requires each state agency to implement a COOP to assist in handling disasters and emergencies. The Virginia Department of Emergency Management (VDEM) is responsible for providing information and tools for plan preparation and execution. Resources for local and regional entities are also available on the VDEM website. Records officers and managers need to know whether their agency has a COOP in place and which officials in their agency are responsible for producing and maintaining it. COOPs contain some, but not all, of the same information needed in a Records Emergency Action Plan (REAP), so working with COOP coordinators can greatly reduce redundancy.
A COOP must be accompanied by a Records Emergency Action Plan (REAP) that is devoted to the protection and recovery of all records. A COOP and a REAP overlap in the protection of your essential records. Developing and practicing a REAP reduces the possibility that personnel will feel overwhelmed or unprepared if a disaster occurs.
The REAP should:
A critical component of both a COOP and a REAP is an essential records template. Essential records are the records that an agency needs in order to fulfill its mission-critical functions. Much like an individual needs certain records to prove their identity or to conduct business, government offices also have records that are necessary to operate and to provide essential services. When essential records are lost or damaged, an agency may experience unplanned expenditures, lost revenue, lost information and efficiency, and disruption of operation, all of which can increase the potential for litigation.
Examples of essential records:
Note: While some records, such as board minutes, are historically significant, they may not be considered essential for business continuity or to provide services to citizens.
Essential records are best protected through duplication and/or off-site storage. Duplication of information can involve photocopying, scanning, or microfilming information that may be needed to re-establish operations after a records emergency. Duplicate records should be stored away from the office, in another building, or out of the geographical area while remaining accessible in a timely manner. If your essential records are stored in the same place, you should take extra precautions to protect them. If an essential record is in an electronic format, then the hardware or software used to create the record must be protected or arrangements must be made to obtain compatible hardware and software in the event of a records emergency. Whenever original formats of essential records are updated, be sure to update the duplicate as well.
Your COOP and REAP should be reviewed and updated periodically to ensure all essential records are accounted for and information is up-to-date and accurate. In the review process, appropriate staff should be made aware of any proposed updates.
Planning for records recovery is just as critical as preparing for records emergencies. When developing records recovery efforts in the agency’s REAP, the following components should be considered:
For additional guidance on creating a template for identifying essential records, complete the Essential Records Course.
Records retention and disposition schedules, also called “retention schedules” or “schedules”, are the Library of Virginia–approved documents which list descriptions of records that are grouped by common function, the length of time they must be kept, and the required method of destruction. Retention schedules reflect the length of time that records have historical, administrative, legal, or fiscal value.
When creating a retention schedule, participants review records' use and informational value and research regulations that may govern retention. The Virginia Public Records Act (VPRA) authorizes the Library of Virginia, through the Records Analysis Services (RAS) Section, to produce retention schedules that govern the records of all state agencies, localities, and regional entities. The creation and updating of retention schedules are done in collaboration with designated records officers and appropriate records management staff.
A retention schedule establishes a systematic method of controlling a record from its creation to its final disposition. Retention schedules are not merely suggestions. Records cannot be destroyed before the stated period, nor can they be retained longer than the stated period unless they are involved in an investigation, litigation, audit, or request for records pursuant to the Virginia Freedom of Information Act (FOIA). For records containing personally identifiable information (PII) created after July 1, 2006, Virginia law requires they be destroyed within six months of their retention's expiration. All government offices must follow the approved schedules. If the schedules are not followed, you risk violating the Code of Virginia § 42.1-86.1.
Following the state's records retention and disposition schedules is the most important part of a records management plan. Retention schedules should be reviewed regularly to ensure that they remain complete and accurate. Questions and concerns about retention schedules should be directed to your assigned records management analyst.
By following a retention schedule, you:
General schedules (GS) describe records that all government entities have in common, such as fiscal, administrative, and personnel records. Most agency and locality records will be covered under the general schedules. General schedules are reviewed regularly and all updates are announced on the Virginia Records Officer Listserv (VA-ROL).
Below is the process for creating and revising a general schedule:
A specific schedule applies to records that are unique to a particular state agency’s operations and are referred to as agency-specific schedules. The agency-specific schedules identify records that the agency produces, collects, receives, or retains in carrying out its special functions. Localities do not require specific schedules since record types created in one locality may also be created in any other locality.
A schedule that is more than 10 years old usually does not accurately reflect current business operations. State agencies should review their specific schedules annually and submit suggestions for changes, creation, and deletions to their assigned records management analyst.
Below is the process for creating and revising an agency-specific schedule:
After the records management analyst completes or revises a retention schedule with assistance from the focus group (general schedules) or the submitter of the RM-19 Forms (specific schedules), it is reviewed by Library staff members through the Pre-Records Oversight Committee process (Pre-ROC).
Once the draft schedule is edited, pre-approved, and any resulting questions are answered, the final draft is put before the Records Oversight Committee (ROC) at the Library of Virginia. ROC members include the State Archivist, all records management analysts, as well as processing and public service archivists. Records officers with a vested interest in any schedule being presented at ROC are welcome to attend.
If the draft schedule is approved by ROC, the schedule will need to be signed by the necessary officials. General schedules must be signed by the State Archivist. Specific schedules must be signed by the agency head, the respective agency records officer, and the State Archivist. Once the appropriate signatures are obtained, the schedule becomes active and is the legal documentation for the retention and disposition of records.
Always ensure that you are using the most recent version of a records retention and disposition schedule as retention schedules are updated regularly. To avoid using outdated and obsolete schedules, you should view the online, live versions available on the our website.
Helpful tips:
Searchable databases for locality general schedules and state general schedules are available to help you find records series. When using the databases, refer to the schedule with the series number of interest for the most accurate series description and retention information. The databases only provide a snippet from the series description while the schedule itself contains it in its entirety.
The following list includes each item that appears on all our retention and disposition schedules:
Currently, there are various schedule formats in use. The new formatted schedule separates the retention and disposition statements, while the old format combines them. An effort to convert all schedules to the new format is underway. All old format general and specific schedule updates must comply with the new format. No piecemeal updates of old-format schedules will occur.
To establish an effective and comprehensive records management program, you must account for all records that are created and managed, and ensure that the records are included on a records retention and disposition schedule. You can do this using two data different collection tools: the Records Locator Inventory (RM-20 Form) and the Records Survey (RM-19 Form).
The purpose of a records inventory or comprehensive survey is to identify and quantify all records created or maintained by your agency. The Records Locator Inventory (RM-20 Form) is used to collect information about your records including type, date range, format, volume, storage location, and applicable schedule and series numbers. The RM-20 Form should be used to inventory all documents, both records and non-records, regardless of format or location.
The inventory is not intended to be an individual folder or document-item list, but rather an examination of groups of similar or related records referred to as a records series. Staff familiar with the creation and maintenance of the records should complete the inventory form in conjunction with the designated records officer. The information gathered during the inventory process will assist in the creation of records management policies and procedures, the compilation of a list of essential records, and the identification of any records not currently covered by an existing retention and disposition schedule. The inventory has two versions: the RM-20 for Word and the RM-20 for Excel. The Excel version is more easily sorted.
Tip: The records officer should assign records liaisons for each department to take departmental inventories.
State agencies can create specific retention schedules to cover records that only their agency produces, collects, receives, or maintains. During a records inventory, state agencies may identify records unique to their agency that are not currently covered by an existing general or agency-specific retention schedule.
To create, update, or revise a specific records retention and disposition schedule, a state agency must complete a Records Survey (RM-19 Form) that identifies and describes each series of public records it creates and maintains. The RM-19 Form is used to identify the purpose, function, contents, and format(s) of each series. In completing the form, records officers will also identify whether these are essential records, any restrictions on access, applicable laws and regulations, and a file cutoff event, as well as provide recommendations for retention and disposition.
Records officers should contact their assigned records management analyst for advice prior to starting the records survey process and ensure they are using the most recent online version of the form. The form must be completed in Microsoft Word and submitted electronically. We highly recommend that one or two draft forms be submitted to an analyst for review and feedback before proceeding.
There are several ways to complete the RM-19 Form:
For more information on the scheduling process, see Chapter 4 (Records Retention and Disposition Schedules).
The retention period for records is based on the value of the information. When evaluating a records series to determine retention, consider the length of time records must be kept for administrative, fiscal, legal, and regulatory requirements, as well as historical purposes.
Retention considerations include:
Although electronic records pose their own unique challenges, digital public records must be scheduled, maintained, and disposed of just like paper records. According to the Virginia Public Records Act (VPRA) in the Code of Virginia § 42.1-85, an agency must:
ensur[e] that its public records are preserved, maintained, and accessible throughout their lifecycle, including converting and migrating electronic records as often as necessary so that information is not lost due to hardware, software, or media obsolescence or deterioration.
You must ensure that you are able to find, open, and read all files over the lifetime of the record. Policies, practices, and systems for the management of electronic records must be fully integrated into existing records management programs. This chapter provides a brief overview on managing electronic records throughout their life cycle. More detailed guidance can be found in the Library of Virginia’s Electronic Records Guidelines (ERG).
While electronic records are often thought of as “less physical” than paper records, this is not necessarily the case. Storage media consist of the physical components on which data is stored. To determine which storage medium is best, start by analyzing the current and projected volume of stored records, along with any associated metadata. Also take into consideration data access and security requirements.
Records are available for immediate access and retrieval, and this option provides for the fastest access and regular integrity checks. Online storage devices include mainframe storage and online servers.
Records are stored on removable media such as external drives, magnetic tape, or individual optical disks. Because human intervention is necessary, this option provides the slowest access.
Records are stored on media such as optical disks in jukeboxes or tapes in automated libraries or using specialized server arrangements such as Storage Area Networks (SAN) or Networked Attached Storage (NAS). Nearline storage provides faster data access than off-line storage at a lower cost than online storage.
We recommend online or nearline storage options for vital, long-term, or archival records. Public records should not be kept on desktop computers. All public records should be on network drives that are routinely backed up. The advantages of online and nearline storage include large storage capacities and the opportunity for data replication.
Off-line storage devices are not recommended for record copies of essential, long-term, or archival records, as they are less likely to be routinely accessed and are often overlooked when systems are upgraded, and electronic records are migrated to new formats. Off-line storage is a recommended approach for backups or security copies, as the records can be stored off-site.
All storage media have finite lifespans that are dependent on a number of factors, including manufacturing quality, age and condition before recording, handling, maintenance, frequency of access, and storage conditions. Before purchasing storage, evaluate the following:
File format longevity is a central concern. Using an untried or uncommon file format is a gamble. At worst, the format becomes obsolete, and you are unable to access your records. At best, you’ll have to either convert or migrate your records earlier than anticipated. Ask yourself honestly: Are your records a bet you want to lose?
So, how do you tell what format your files are in? The software in which a file is created usually has a default format, often indicated by a file name suffix or extension. Proprietary file formats, such as PSD, WMV, and DOC are controlled and supported by just one software developer. Without that developer, those file formats become obsolete. It’s important to carefully evaluate which proprietary formats your office uses and to consider weighing the risks of using such software. How long have these formats been around? Is usage of the format widespread? What is the financial cost associated with accessing proprietary file formats?
Proprietary file formats aren’t the only formats in existence. Open file formats are supported by more than one developer and can be readily accessed by various software systems, and, as such, are the preferred method for long-term preservation and use of electronic records.
Examples include:
The most common approach to preserving electronic records involves a combination of two techniques: migration and conversion.
Migration is the process of moving files to new media (also known as "refreshing") or computer platforms in order to maintain value. Conversion entails changing files from one format to another and may involve moving from a proprietary format to a nonproprietary one. To avoid losing data and metadata, perform a test migration or conversion to determine the viability of continuing the process. When properly planned and executed, the migration and conversion approach probably represents the easiest and most cost-effective way to preserve electronic records.
There are three basic types of loss that may occur during conversion or migration:
Reformatting from paper to another medium is often viewed as a means of saving space and increasing access, but it may not be the most effective or least expensive solution to a record-keeping problem. Before implementing a reformatting plan, ensure that all records past their retention period, as well as all unnecessary non-records, have been destroyed according to retention schedules, and explore alternatives such as using a records center for storage.
Records should not be reformatted solely for space-saving purposes. An analysis of the records should be completed before any final decision is made. The best candidates for reformatting will have a combination of the following factors:
Nowadays, the most common reformatting option is electronic imaging. In the past, microfilming was another popular choice for reformatting records. Each option has advantages and disadvantages depending on the application and anticipated use of the records.
Microform, including microfilm and microfiche, is a reliable storage format for records with a long-term or permanent retention and low level of access. It requires that an indexing and quality control system be developed. The Library of Virginia establishes microfilming standards, which are available in the Virginia Administrative Code (17VAC15-20-10 et seq.) and the Guidelines for Microfilming Public Records.
Computer Output Microfilm (COM) is a conversion of electronic information to microfilm. COM is one option for those with significant volumes of electronic data requiring long-term storage. The Library of Virginia establishes COM standards, which are available in the Virginia Administrative Code (17VAC15-50-10 et seq.).
Advantages:
Disadvantages:
Photocopying records provides access copies while eliminating excessive handling of originals. Photocopies will need to be reproduced over time, however, and too much photocopying degrades the original. This option is best for historic records.
Advantages:
Disadvantages:
It is legal to reformat records to an electronic format, but any technical drawings and blueprints should be reproducible to scale. Saving records electronically requires that an organization be able to find, open, and read a record over the full length of its retention period. This requires that indexing, quality control, and migration systems/plans be developed.
Advantages:
Disadvantages:
Both the Code of Virginia (§ 8.01-391) and federal laws recognize the legal status of copies made from various sources, including electronic data. The law of evidence allows accurate and authenticated copies produced from originals to be admissible as evidence.
Authenticated records require written policies and procedures that formally document their recording, storage, or reproduction. A list of users and their access privileges should be maintained and audited regularly. Additionally, you should keep audit trails documenting who scanned or edited images and when this occurred.
After records are reformatted, inspected, and approved according to established standards, the originals may be destroyed, unless specifically prohibited by law, because they are then considered copies. The reformatted version would then be considered the official copy of record.
The best practice is to document, through written procedures, the point at which this version becomes the record. A Certificate of Records Destruction (RM-3 Form) is not created for the destruction of copies or other non-records. However, any original records with permanent retention or records created before 1913 must be offered in writing to the Library of Virginia before the destruction of the originals. Also, any non-records that contain privacy-protected or confidential information must be confidentially destroyed, even though the destruction should not be reported.
Appropriate destruction of public records is one of the essential duties of all public agencies under the Virginia Public Records Act. It is also a cornerstone of a transparent and accountable government. Destruction of records at the end of their retention period should be a regular, predictable part of the flow of business: the more integrated the destruction process is to an agency’s functions, the more defensible position an agency assumes if ever called to account for why it does or does not possess given records.
The vast majority (97% or more) of all public records are considered nonpermanent by schedule and thus eventually will reach the end of their defined lifetime and must be destroyed. Per the Code of Virginia § 42.1-86.1, all public records shall be destroyed in a timely manner after the end of their schedule-defined retention period.
The schedule will designate whether the record must be destroyed confidentially or if non-confidential destruction is sufficient.
Code of Virginia § 42.1-86.1 also specifically requires that the destruction of public records be documented and reported to the Library of Virginia via the Certificate of Records Destruction (RM-3 Form). The correct form should be chosen according to the circumstances: if the records are stored at the State Records Center (SRC), the SRC-specific form should be used. Otherwise (the more common scenario) the standard version should be used. Detailed instructions for how to complete the form, including video walkthroughs for the standard form, are available on the Forms page.
An RM-3 Form is required only when destroying public records that are the copy of record. A copy of record may be an original, a reformatted version, or another secondary instance of the record, but it must be designated by the agency as the copy of record. The destruction of materials that are not public records, such as duplicates, personal items, or reference material, must not be reported on an RM-3 Form.
After records are reformatted, inspected, and approved according to established standards or guidelines, the originals may be destroyed because they are then considered duplicates. The reformatted version becomes the official copy of a record. We do not require a Certificate of Records Destruction (RM-3 Form) for duplicates. However, any original records with permanent retention or records created before 1912 should be offered in writing to the Library prior to the destruction of the originals. When the reformatted records have reached the end of the retention period, an RM-3 Form must be submitted documenting the destruction.
The Code-defined exceptions to destroying records in accordance with a retention schedule occur when the records are subject to audit, pending or active litigation, investigations, or request for records pursuant to the Virginia Freedom of Information Act. If records are placed on hold, the retention period does not change. When the hold is lifted, the retention period picks up as if the hold never occurred. Therefore, if a retention period expires while a record is on hold, the record should be destroyed immediately after the hold is lifted.
Destruction holds may also occur during schedule reviews and updates. Once the newest schedule has been approved and is active, the destruction process remains the same.
Ensure that you are using the most recent version of the correct records retention and disposition schedule. Retention schedules change and are updated on a regular basis. The online versions available on our website are the official, up-to-date retention schedules and must be used when preparing records for destruction. If you cannot locate a given record on a retention schedule, it cannot be destroyed. Please contact your records analyst for more guidance.
Tips for calculating destruction dates:
| Year Created | Retention Time | Retention Count | Destruction Date | |
| Calendar Year | 1986 | 10 years | 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996 | 1/1/1997 |
| Fiscal Year | FY2000 | 3 years | FY2001 (7/1/2000-6/30/2001) FY2002 (7/1/2001-6/30/2002) FY2003 (7/1/2002-6/30/2003) | 7/1/2003 |
| School Year | SY2009 | 1 year | SY2010 (9/1/2009-8/31-2010) | 9/1/2010 |
| Birth Year | 1/1/1995 | 21 years | 1996, 1997, 1998, 1999, 2000, 2001... | 1/2/2016 |
Preservation is the act of stabilizing storage environments and records in order to ensure the continued existence, accessibility, and authenticity of the records over time. Preservation should not be confused with conservation or restoration, which involves the repair or stabilization of an item through chemical or physical treatment to ensure its continued existence in its original format or form. The following are general recommendations and guidelines for preservation. Specific needs may be better addressed by a professional records preservation consultant.
Key factors in preserving records include safety, security, stability of temperature and humidity levels, fire detection and suppression, and disaster prevention. A site survey is recommended for any area that houses or may house long-term or permanent records.
Maintaining a stable environment is important since fluctuations in temperature and humidity pose more of a threat to records than steady, but less-than-ideal temperatures. Stable temperatures around 68° F and a relative humidity of 35 to 50 percent are acceptable for storage areas that must house records in both paper and electronic formats.
Smoke detectors, fire alarms connected to a 24-hour monitoring station, and appropriate fire-suppression systems provide a good line of defense against records destruction by fire. A well-trained staff and close communication with fire department personnel enhance fire safety.
Coordinate with facilities staff to understand what type of fire suppression system your building has implemented. In the event that the system is triggered, it is important for disaster recovery to know what method of fire retardation was used. Common fire suppression systems include foam, wet pipe sprinklers, dry pipe sprinklers, and deluge sprinklers, among others.
Avoid storing records in attics and basements where they may be susceptible to water leaks, pests, and sunlight or ultraviolet rays. Care should be taken in the placement of permanent records for safety and access. The “Storage Boxes and Shelving” guidelines found in Chapter 10 (Records Storage) are applicable for preserving permanent records. Permanent, historic, and essential records have special storage considerations. Ideally, these records are stored in a secure fire-rated vault or, if appropriate, in the Archives at the Library of Virginia.
Oftentimes, records are relegated to less-than-ideal locations. In these cases, we must be adaptable. For storage areas with window access, ensure that windows are properly sealed and locked, and investigate purchasing UV blocking window film. For spaces that are rarely visited, schedule a walkthrough at least once a month to ensure the area is stable – meaning there are no water leaks, critters taking up residence, or no mold growth on your records. Finally, invest in locks to the doors of all storage spaces housing sensitive or permanent records. The last thing you need is for your storage room to turn into a break room!
The following guidelines are the gold standard for creating, handling, and storing permanent records:
Photographs are among the most engaging historical records, but they can present unique challenges. Photographs are physically and chemically more complex than paper materials. To extend the life of photographs:
Bound volumes, such as books, are composed of a variety of materials and can require complex preservation measures. Regular handling and improper storage also causes harm. To slow down the deterioration process:
If a record is maintained in an electronic format, then conversion and migration of the data may be necessary to maintain the record through its full retention period. Long-term storage of records held in electronic formats presents numerous challenges. Bear in mind that electronic media stored in a vault does not have the same heat tolerance as paper. It’s easy to forget that electronic records are just as physical as paper records. Just because it’s digital doesn’t mean it can’t degrade!
Consider the following when storing records in an electronic format:
Records management personnel must be mindful of maintaining proper storage conditions and creating procedures for the storage and use of records in every stage of their life cycle.
Storage areas should conform to certain environmental and security conditions. Ideal environmental conditions include specific temperature and humidity limits and the presence of appropriate fire suppression systems. Environmental factors are described in the “Environmental Conditions” section of Chapter 9 (Records Preservation).
Records should be stored, whenever practical, in a secure area with controlled and documented access for personnel. Security is especially important for the storage of confidential or privacy-protected records. The same security considerations should be given to the storage and use of electronic records as well.
An efficient record storage system will include written procedures for storing, retrieving, using and refiling records. Specific procedures should also be created if a program or index is used to track records. Training should be provided to personnel to ensure compliance with all procedures. Use checkout controls for records removed from the storage area to ensure accurate tracking and proper refiling. Periodically review the storage program as needs may change over time.
Storage boxes should:
Shelving units should:
Pack records properly so that they can be safely and efficiently placed on shelves. When packing and stacking boxes:
If a series of records is referenced more than once per month, it is generally considered active. Active records should be kept within, or in close proximity to, the office. Records that are used less frequently are considered inactive and are eligible for off-site or centralized storage. If storing inactive records with either a commercial service provider or the State Records Center (SRC) is not feasible, then government entities need to identify a reliable, secure, and lower-cost area to store these records in-house. Maintaining a centralized records storage facility encourages efficient operations by saving valuable office space and combining departmental resources. Creation or use of a centralized records storage facility should be endorsed by the agency or locality's governing official or body, and written procedures should be clearly communicated to staff.
The State Records Center (SRC) houses inactive, nonpermanent records for any government entity of the commonwealth in a secure and environmentally stable location. Per Code of Virginia §2.2-3704(J), records held at the SRC remain in the legal custody of the agency of origin. As such, access is restricted to the agency of origin.
The SRC facility also houses Imaging Services, which manages a security microform program, and the Archives Annex, which holds low-reference permanent records. There is also a reading room for viewing archival materials.
Records that have not yet reached the end of their retention period but are rarely referenced are ideal candidates for storage in the SRC. Transferring records to the SRC frees up space in an office for more useful purposes. Often it is more economical to pay for off-site storage then it is to buy more file cabinets and pay office real estate prices.
The format of a record is considered in the short-term and long-term storage and accessibility of the information. Formats of records eligible for SRC storage include:
Electronic records stored on portable media within records center boxes may be transferred to the SRC; however, the SRC is responsible for maintaining only the conditions in which the media is stored, not the media itself, or the data contained on the media.
All records to be transferred must be listed on an approved general or specific records retention and disposition schedule. The SRC will not accept any records that:
Each agency retains ownership of its records while they are stored at the SRC. Access to the records is strictly controlled so that no individual, agency, or office may access records without specific authorization from the record owner. State Records Center staff members will only access records at the request of the owner and are required to sign a confidentiality agreement treating all information as classified. The confidentiality agreement also bars staff members from disclosing information in the records to unauthorized individuals.
There is a monthly fee for storage of records at the SRC. This fee applies for any unit of records stored for any portion of the month, and includes accessioning, refiling, and removal of boxes from shelves at the end of the retention period. Additional fees apply for storage of odd-size records units, shredding, copying, emergency retrievals, and out-of-service-area pickups.
Note: The storage fee will be charged until records stored are destroyed by SRC staff members.
All boxes in storage at the SRC are searchable via ShelfLife. In order to request an individual file, rather than the entire box, the file information must be entered into ShelfLife along with the box information. After identifying the correct box or file, submit a request by completing and faxing the Records Center Retrieval Request (RM-18 Form) to (804) 236-3722. RM-18 Forms must be completed using a computer. For information regarding turnaround time, reach out to Matt Ball.
Call the SRC when ready to return records to the facility. Records will be picked up and returned to the appropriate place in the SRC. Customers outside the Richmond service area may use a preferred delivery company to return the records.
Records stored at the SRC will not be destroyed without the agency’s written permission. You are responsible for tracking destruction eligibility for your stored records and for eventually completing the SRC Certificate of Records Destruction (srcRM-3 Form) to initiate the destruction process. SRC customers can expect to have their boxes within 6 months to a year of submitting the srcRM-3 Form. During this time, a fee will continue to be charged for stored records. Once the destruction has been completed and affirmed by SRC staff members, the form will be viewable on the Completed Form Dashboard.
SRC customers can identify boxes of records that are eligible or past due for destruction by logging into ShelfLife and following these step by step instructions.
The method of destruction depends on criteria specified in the records retention and disposition schedule. Those that are deemed confidential, private, or sensitive will be shredded for a fee by the SRC to ensure that the information is protected. Records not requiring confidential destruction are either picked up by a paper recycler or sent to a landfill. Any records may be confidentially destroyed by request of the records owner.
Confidential and non-confidential records destruction services are also available for government offices not using the SRC's storage services. The agency is responsible for filling out the srcRM-3 Form and then contacting the SRC to pick up the records.
Occasionally, records stored in poor conditions require the eradication of pests from the materials. The SRC’s pest eradication chamber is a custom-built blast freezer that freezes records at -40° F in order to destroy insects and vermin. The records then are gradually brought back to room temperature.
The chamber can also be used in an emergency to stabilize water-damaged records and stop the growth of mold until document restoration professionals can provide specialized treatment. The maximum load for emergency stabilization is 600 cubic feet of records. It is important to freeze water-damaged records within the first 48 to 72 hours to avoid an outbreak of mold. For help with a records emergency, contact your records management analyst.
Virginia public records with enduring administrative, fiscal, historical, or legal value are considered permanent. Records with enduring value provide evidence of the government's functions, decisions, programs, and policies and are used for reference and research. These records may be required permanent by Code, or may be identified during the retention scheduling process. Records with "enduring value" can mean those required by Code or those that people may be interested in 100 years into the future. Permanent disposition is indicated on the records retention and disposition schedules as either "Permanent, In Agency" or "Permanent, Archives".
Records with a disposition of "Permanent, Archives" may be transferred to the Archives at the Library of Virginia, where they will be permanently preserved and made accessible to researchers. Review appropriate general and specific records retention and disposition schedules to identify permanent records and determine which records are eligible for transfer to the Archives. Specific transfer procedures for boxing, labeling, and listing contents must be followed and archival records should be transferred on a regular basis to avoid large accumulations. Records officers should contact their assigned records analyst before beginning a transfer.
Prior to their eventual transfer to the Archives, permanent records require proper care and attention while used and stored in the agency or locality. Records should be clearly marked as permanent and be stored in secure areas with appropriate environmental conditions. For paper records, file names should be written directly on folders, rather than on adhesive labels, as these labels often fall off over time.
Use the Volume Equivalency Table to determine the number of boxes needed for your paper and/or microform transfer. Likewise, for electronic records, ascertain the amount to be transferred and determine best physical medium for transfer. With electronic records, determine the number of compact disks, the size of the external drive, and/or the number of files needed for records transfers. Specific guidance for transferring archival electronic records can be found within the Electronic Records Guidelines.
Paper records being transferred to the Archives require standard acid-free boxes (15" x 12" x 10"). This one-cubic-foot-size box will hold 14 inches of letter-size files or 11 inches of legal-size files. Boxes must be heavy duty, 200-lb. test corrugated double-wall construction (at the minimum), with three-ply ends, removable top, and die-cut handholds cut into each end. Boxes must have an interlocking structure, with no staples or tape used in their construction. Contact your records management analyst before preparing to transfer records that are odd-sized, such as maps or plats, or are in non-paper formats.
Pack files into boxes and/or save electronic records to external electronic media in the same order and hierarchy in which they are currently stored. Maintaining the original order of the files is an underlying principle of archival management and will accurately reflect the actual administrative use of the records.
When boxing permanent paper records:
We handle a large amount of archival material, so it is crucial that the exterior of all boxes and containers be properly labeled.
When labeling:
Boxing and labeling requirements for archival microforms are found in Microform Transfer Procedures.
Once the records have been boxed (or saved, for electronic records) and labeled, complete an Archival Transfer List and Receipt (ARC-1 Form), as seen under the "Transfer Archival Records" tab of the "Records Management Forms" page on our website. The ARC-1 Form provides a notice of intent to transfer, a receipt, and a descriptive list of boxes, compact disks, or USB drives to be transferred.
After filling out the ARC-1 Form, complete an Archival Transfer Folder List (ARC-2 Form), also located on the "Transfer Archival Records" tab. The ARC-2 Form is a separate and distinct document from the ARC-1 Form, which lists only the beginning and ending files in each box or compact disk. The ARC-2 Form is a detailed listing that accurately describes each folder in each box or on the external media. This form will act as a guide for our archivists, increasing understanding of and access to the records.
After completing both the ARC-1 and ARC-2 forms, send a copy of the forms to your assigned records management analyst for review and approval. Both forms must be completed and submitted together before a transfer will be scheduled. The analyst will return the approved versions. Keep copies of both forms to document the transfer.
After the transfer request is approved, one of our staff members will arrange to pick up the records. The original, signed ARC-1 Form must be provided at the time of the records pickup. After the transfer is complete, a copy of the ARC-1 Form that includes a unique accession number assigned by Archives staff will be provided to the records officer. Permanently retain the returned ARC-1 Form with the copy of the ARC-2 Form. The accession number on the ARC-1 form will be the easiest way to locate the records if they are needed in the future.
Unless restricted by law, public records housed in the Archives are available through the Library of Virginia reading rooms. Once state records have been transferred to the Archives for permanent retention they cannot be returned to the agency. To access records that have been transferred to the Archives, contact Archives Reference Services at archdesk@lva.virginia.gov.
The Imaging Services Section (ISS) at the Library of Virginia manages a microform-preservation program for the Library’s collection, as well as for permanent records of state agencies and political subdivisions. This program is offered free of charge for all permanent records stored on microforms, as well as for microform backups of permanent records. Nonpermanent records converted to microfilm are stored through the State Records Center (SRC) for a fee. ISS also offers advice on microform reformatting and storage to any government entity in accordance with the Virginia Public Records Act. Security microforms stored through this program are not used for reference purposes. Paper records at the Library of Virginia are not available for public use once they have been reformatted.
As part of good recordkeeping, microforms of permanent records should receive proper care and attention prior to their transfer to Imaging Services. They should be clearly labeled and kept in an orderly manner in clean and safe storage areas with appropriate environmental conditions. In keeping with preservation maintenance practices, these microforms should be stored in acid- and lignin-free microfilm boxes and individual microfiche envelopes.
In order to capture the most secure and accurate information about the records being transferred, follow Imaging Services' Microfilm Storage Guidelines. Transfers not meeting these requirements will be returned to the records custodian for correction or additional information.
Find the appropriate general and specific records retention and disposition schedule and locate the series for the records on microform. The schedule will indicate which records series have been listed for permanent retention and are eligible or required to be transferred to Imaging Services.
All microfilm sent to the Library for storage must be placed in acid- and lignin-free boxes. This helps to ensure stable, long-term storage of the film. For microfiche, use acid- and lignin-free envelopes and fiche boxes. We will not accept containers that do not meet these requirements.
Insert the microfiche into an individual acid- and lignin-free envelope by records series, volume/file number, and fiche number. Arrange and pack reels into boxes by records series, volume/file number, and reel number.
It is crucial that the exterior of all boxes be properly labeled to ensure that they are easily accessible. The minimum labeling required on a microfilm box must meet the requirements found in the guidelines.
There are several options for transferring microforms. If the microforms are part of a transfer of records going into the Library's Archives, the transfer logistics will be worked out with State Records Center (SRC) personnel. If the microforms are a backup of an agency’s permanent records, then the media should be transferred directly to Imaging Services, and can be sent by United Parcel Service, Federal Express, or any other courier service that provides shipment tracking and receipt. It can also be hand-delivered to the Library or scheduled for pickup by State Records Center personnel, if within SRC’s normal delivery area. Consult with your assigned analyst for details.
Under the guidance of the State Archivist and in accordance with the Virginia Public Records Act, the Library of Virginia’s Government Records Services (GRS) division supports the effective and economical management of state agency and political subdivision records.
Records management analysts are available to provide state and local government offices with consulting services for establishing and maintaining effective public records management programs. Analysts assist with managing records throughout their life cycle by developing retention schedules, addressing reformatting and preservation issues, and determining the proper methods of disposition for confidential and privacy-protected records.
RAS provides:
State Records Services is charged with the protection and preservation of the documentary heritage of official public records of state agencies determined to have enduring value, as well as promoting research through enhanced accessibility. State Records Services appraises, analyzes, arranges, and describes state agency records housed in the Archives. Accessioning archivists create and maintain the documentation for incoming records, receive and describe incoming collections, and assign records a permanent, unique accession or identification number. The division creates online catalog records and finding aids to enable access to the Archives’ materials.
Local Records Services is responsible for the protection and preservation of local records determined to have enduring value, with an emphasis on records created by the Commonwealth’s circuit courts through the administration of the Circuit Court Records Preservation (CCRP) Program. The CCRP Program preserves and makes accessible the documentary heritage of Virginia's circuit courts. The statewide program of assistance and grants focuses on preserving the records of Virginia's 120 circuit court clerks' offices. Funding is generated from a fee on land transactions recorded in the clerks' offices. The program initiatives include funding preservation grants and managing the storage, processing, and reformatting of records transferred to the Archives.
A sound records management program must have a mechanism in place for internal auditing compliance. Policies and procedures are worthwhile only if they are followed and staff members are held accountable.
A compliance review, or audit, is an assessment of the processes that make up a system. Audits evaluate effectiveness and compliance, as well as help minimize risk. A records officer should set and follow a time frame for conducting regular reviews, such as every other year, for example.
Conducting a compliance review of records systems will help:
Compliance review success hinges on planning, execution, and results reporting. Successful records management audits should be highly structured, which will help ensure that:
Responsibility for conducting compliance reviews will depend on several factors, including the type of review, the presence of external agencies with audit power, and the existence of an agency audit plan that includes assessment of records management practices.
Regardless of the type of compliance review undertaken or the entity undertaking it, it is important that the designated records officer is aware of and participates in the review.
Compliance reviews should focus on those areas where noncompliance poses the most pressing liability issues. Areas of potential risk include, for example, the inability to recover essential records from a disaster in order to resume operations, and the protection and disposition of confidential records.
The scope of the review should also include which areas of the records management program will be completely reviewed and which will be reviewed using sample testing. Records destruction practices, for example, may be sample tested to reveal whether there is evidence that the requirements are generally being met. Other areas that may require more thorough examination include records storage and the safety of confidential records. Time constraints and record volume will directly affect sample sizes and the choice between the use of sample testing and a more complete examination.
A sound compliance review should answer the following questions
The compliance review should holistically assess the effectiveness of an agency’s records management program. A successful program will have the following:
All individuals within an agency are responsible for managing their records and all staff should be aware of the Virginia Public Records Act (VPRA) and what constitutes a public record. Ensuring compliance across an agency requires regular training on the principles of records management using the agency’s policy and procedures. The education of senior management is especially important since their support is crucial to a successful program, given their power to effect agency wide change.
At its most basic level, a records inventory identifies all records series, as well as their storage locations and format(s). All records created and maintained by the agency and their accompanying scheduled destruction dates should be noted in the inventory using the Library of Virginia–approved records retention and disposition schedules as guidance.
The compliance review should check that the agency’s policies and procedures cover the creation, management, and secure storage of information, as well as whether those policies and procedures are being followed. Records should be necessary for agency business; agency resources should not be expended to retain superfluous records (unsolicited sales pitches, spam, etc.).
Storage facility conditions and security controls should be studied for potential risks. Current measures to protect records from water and fire damage, proper control of access, and other security threats should be evaluated.
The review should examine records disposal procedures and evaluate compliance with current Library-approved records retention and disposition schedules. Submission of properly completed Certificates of Records Destruction (RM-3 Forms) should also be reviewed.
Systems and processes for accessing, maintaining, storing, and transferring electronic records should be evaluated in order to ensure their integrity and authenticity.
Records containing confidential information must be managed in a secure manner and disposed of properly as required by the Virginia Public Records Act (VPRA) and other state and federal regulations. Ensuring that all records are authentic and legally admissible is fundamental to a records management program. This portion of the compliance review should focus on security controls within electronic, paper, and any other media-based systems. The compliance review should discover whether confidentiality has been breached or put at risk through the deliberate misuse of systems or because of weak, nonexistent, or poorly applied procedures.
Compliance review findings should be reported to the appropriate managers for action. Information learned from the compliance review, including possible better practices, should be communicated throughout the agency. Any changes made as a result of a compliance review should be clearly communicated to staff and senior management and, if necessary, incorporated into the agency’s records management policy and procedures.