Records Analysis Resources

Archives Reference: We help you find permanent, historic materials. If you've transferred permanent records to our archives, we can help you access them. Connect with us to schedule a time to visit!

Imaging Services: We help state and local governments store and preserve permanent records on microform. Additionally, we can provide consultative services regarding microform.

Records Analysis Services: We help state and local governments understand and update retention schedules. We also help you to transfer permanent records to the archives.

State Records Center (SRC): We provide off-site storage and destruction services for non-permanent records. When you send your temporary boxes to the Library, they're usually sent to the SRC--not our downtown Richmond location!

1.) Make yourself visible.

Make your role as Records Officer known, and get the support of management to begin implementing records management.

2.) Familiarize yourself with records management resources.

Review the records retention and disposition schedules, the Virginia Public Records Management Manual, and other resources we provide.

3.) Assess your records.

Evaluate current records management practices and survey all records that are being created and stored to plan for implementing policies and mapping records to schedules.

4.) Develop policies and procedures.

Develop records management policies and procedures that are approved by management, then share and provide training on those policies and procedures.

5.) Stay in touch with your analyst.

The Records Analysts at the Library of Virginia are here to help you! Don't hesitate to reach out with any questions or concerns you may have.

Bonus: Records management takes a village.

Keeping a records management program alive requires office participation. Designating additional staff members as records liaisons within their department/division creates a network of individuals who share responsibility for oversight and compliance.

The Virginia Public Records Act (VPRA) requires a few things of every state and local government office.

1.) Identify your public records.

A public record is any information produced, collected, received, or retained that documents a transaction or activity of government business. A record is determined by content, not format, so the medium on which the information is recorded has no bearing on whether or not that information is a public record.

2.) Designate a records officer.

You must designate at least one records officer to serve as a liaison with us. The records officer is responsible for beginning and monitoring a records management program and coordinating records disposition, including destruction of records and the transfer of permanent records to the Archives. A records officer is designated by either mailing a Records Officer Designation and Responsibilities (RM‐25 Form) to the Records Analysis Services section or by emailing a signed or Docusigned PDF of the form to your assigned Records Analyst.

3.) Maintain your records management program.

You must maintain an active records management program to efficiently manage your public records. The office's records officer should hold regular training sessions and should be available to help other office members with records management questions. Records officers at state agencies should work with us to create agency-specific retention schedules as needed.

4.) Ensure your records are accessible and secure.

You are responsible for ensuring that public records are preserved, maintained, and accessible throughout their lifespan as designated by our approved retention schedules. This includes converting and migrating electronic records as often as necessary so that information is not lost due to hardware, software, or media obsolescence or deterioration.

5.) Destroy records when they've expired.

We encourage you to destroy records no more than one year from the date they are eligible. Records that contain identifying information must be destroyed within six months of the expiration of the retention period.

Timely destruction applies to the disposition of public records created after July 1, 2006 by state agencies, local governments, and regional authorities.

Changes made during the 2006 regular session amended the Virginia Public Records Act (VPRA) through Senate Bill 461. The text below was added to § 42.1-86.1, Disposition of public records:

C. Each agency shall ensure that records created after July 1, 2006 and authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded in a timely manner in accordance with the provisions of this chapter; provided, however, such records that contain identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of §18.2-186.3 shall be destroyed within six months of the expiration of the records retention period.

What does destruction of records in a “timely manner” mean?

We interpret “timely manner” to mean that records scheduled for destruction will be destroyed no later than the end of the calendar or fiscal year in which the retention period expires.

What are “records with identifying information?”

Code of Virginia § 18.2-186.3C concerns records containing the following categories of identifying information:

* social security number
* driver's license number
* bank account numbers
* credit or debit card numbers
* personal identification numbers (PIN)
* electronic identification codes
* automated or electronic signatures
* passwords
* any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services

If one category of identifying information is present in a record, that record must be destroyed within six months of the expiration of its retention period.

General and specific records retention schedules identify these records in the disposition method column. "Confidential Destruction" indicates a record series with identifying information.

Are there any exceptions?

Exceptions include:

* audits
* litigation, pending or active
* investigations
* Virginia Freedom of Information Act (FOIA) requests

If records become part of an audit, litigation, or investigation, the retention period does not change. When the hold is lifted, the retention period continues as if the hold never occurred. Therefore, if a retention period expired while a record was on hold, the record should be destroyed immediately after the hold is lifted.

Destruction of records

You must ensure that information in confidential or privacy-protected records is protected from unauthorized disclosure through the ultimate destruction of the information. Destruction of confidential or privacy-protected paper records will be done by shredding, pulping, or incineration. Electronic records must be overwritten with meaningless data or the storage media must be physically destroyed.

Note: Commercial software applications are available that electronically shred records from media. Deletion of confidential or privacy-protected information in electronic storage media is not acceptable.


The destruction of records containing Social Security numbers are regulated by 17VAC15-120 et al. This statute provides specific guidelines for the destruction of paper and electronic records, including methods of destruction and vendor requirements.

On December 23, 2008, regulations took effect regarding the destruction of records containing Social Security Numbers (17VAC15-120-10 et seq.). Many questions have come up about destroying SSNs and we're hoping to offer some clarification here. Per the Virginia Public Records Act (VPRA), COV § 42.1 -86.1.C., these records must be destroyed within six months of their retention period.

I don’t have a shredder that meets the new specifications. What can I do?

If you don't have a cross cut, 3/8 inch shredder, records should be strip shredded then pulped or incinerated in order to ensure that the social security numbers in the records be made, “…unreadable or undecipherable by any means.”

Who must witness the destruction of the records?

A representative of the contracting agency must witness the destruction. In addition to the owner of the records, the following are included as the "contracting agency":

* any government agency
* private vendor
* other entity destroying the records

These groups can also serve as the witness to destruction.

Who needs to be bonded in order to destroy the records?

State employees are covered by a commonwealth surety bond. Private or commercial vendors must be bonded through the Department of the Treasury, Office of Risk Management. Local governments doing their own shredding are responsible for verifying their bonding status.

What about hard drives containing social security numbers? Can I overwrite the hard drive? What about degaussing the hard drive?

Hard drives may be either overwritten or degaussed. An overwritten hard drive can be used again to store data but a degaussed hard drive is exposed to a strong magnetic field, leaving the hard drive permanently unusable.

1.) You are required to report records destruction.

The Virginia Public Records Act (VPRA) § 42.1‐86.1 requires that all records destruction be documented on a Certificate of Records Destruction (RM‐3 Form), proved accurate and complete by your approving official, and authorized by your records officer.

2.) Only report the destruction of records.

You shouldn't report the destruction of copies or duplicates. For example, if a set of paper records are scanned and stored electronically, you can decide which one of them you want to be the official and which the copy. You may then destroy the copy whenever you wish without reporting it.

3.) The volume doesn't need to be exact.

Try to be as accurate as possible when reporting how many records were destroyed, but estimate whenever necessary. Good faith estimates are perfectly acceptable in cases where it's hard to tell how many records have been destroyed, such as when you are destroying digital records. A Volume Estimation Table is available for guidance. Always report the volume using either cubic footage (cf) for paper or a byte size for electronic records (MB, GB, etc.).

4.) Incomplete forms are automatically removed after 75 days.

After 11 days of inactivity, whoever is next in the process will be notified. If nothing is done after 75 days of inactivity, the form will automatically be removed from the system and will have to be started again. If you are unsure of where your form is in the process or the last date it was active, check the In-Progress Dashboard.

5.) You don't need an internal copy of the RM-3.

With the new electronic RM-3, completed forms are stored in a searchable database for government workers and the public to view. For any destruction reported on the new form, you no longer need to keep your own copy of the RM-3.

Use the following flow chart to determine whether you have a public record or not.

1.) Did you create it?
If yes, go to 2.
If no, go to 3.

2.) Is your department or agency the official keeper of this record?
If yes, then it is a public record.
If no, then it is not a public record.

3.) Is it from outside your agency?
If yes, then it is a public record.
If no, go to 4.

4.) Did you make any changes to it?
If yes, then it is a public record.
If no, then it is not a public record.

The Virginia Records Officer Listserv/VA-ROL is an electronic mailing list we use to send records officers notifications of recently updated General Schedules, current educational opportunities, and other timely records management information.

From the VA-ROL home page, you can:

* Manage your subscription.
Subscribe or unsubscribe from the list (or change settings). We strongly discourage current records officers from unsubscribing as VA-ROL is the only channel we use to update you on retention schedule changes.

* Search the past posts.
A fully-searchable Archive of postings to VA-ROL since March 2001 is available.

* Post a message to the list.
Once you are subscribed, select Post to the list, or you can email messages to the listserv. All messages go through an approval process and will only be posted with our permission.
 
List Rules:

1.) Always use a signature block.

A signature block should always be used in email, but especially when posting to or responding on a listserv. Records officers from across state and local government subscribe to VA‐ROL and may not know each other. Always include at a minimum your first and last name, agency/locality, and email address.

2.) Reply off list.

When you reply to a message from the listserv, your response goes back to the listserv, not just to the person who sent the original message. Make sure that the reply line shows the individual's email address and not the listserv's.

3.) Ignore emails that don't apply to you.

Not all messages sent to the listserv will apply to you or your agency/locality! When that’s the case, delete the email without responding and try to resist the temptation to unsubscribe. Since VA-ROL is the only channel we use to update records officers on retention schedule changes, sticking around is worth it!

Records Center File Storage Boxes:
Boxes sent to the State Records Center for non-permanent records storage must be letter/legal size, heavy duty, minimum of 200 lb test corrugated double wall construction, three ply ends, with removable top and die cut handholds cut into each end. Boxes must be interlocking with no staples or tape required for set up. Boxes must be able to hold 50 lbs. File storage box size should be 1 cubic foot, 15" x 12" x 10" internal dimensions.

To purchase boxes for storing non-permanent records:
- Go to the Virginia Distribution Center's Buy From VDC webpage
- Click on the VDC Catalog button
- In the Description Box enter "l-va" and then click Search.
- Click on Product 920050
- With this information in a separate screen, return to the Buy From VDC webpage to place your order either through eVa or the VDC Web Ordering System (VWOS)
 
Archival Use - Acid Free Boxes:
Boxes sent to the Archives at the Library of Virginia must be of acid-free material suitable for permanent archival storage, letter/legal size, heavy duty, minimum of 200 lb test corrugated double wall construction, three-ply ends, with removable top, and with die cut handhold cut into each end. Boxes must be interlocking with no staples or tape required for set up. Boxes must able to hold 50 lbs. "Acid Free" or a ph level above 8 should be printed on the outside of the box. File storage box size should be 1 cubic foot, 15" x 12" x 10" internal dimensions.

Samples of acid free boxes (list not all inclusive):

The Paige Company
www.paigecompany.com
Archival Storage Box  ASB-1110

Hollinger Metal Edge, Inc.
www.hollingermetaledge.com
ARSB1800 Tan Heavy Duty Record Storage Box*
* Boxes not printed with "acid free" statement

The use of personal email accounts by state and local government personnel, whether elected, appointed, or employed, to conduct the government business is not recommended. Whenever a government office does not have control of its records it does not have the ability to maintain or provide access to those records. We strongly encourages all public officials to use official government email accounts for public business and refrain from conducting government business by text messaging.

Below are some commonly asked questions about email records specifically, though they can apply to certain text messages as well:

1.) Is my email a public record?

If the email is created or received in connection with the transaction of the agency’s public business (such as discussion of a policy revision, review of a grant application, evidence of a decision made, etc.), then it is a public record and needs to be retained according to the appropriate retention schedule.

2.) When is my email not a public record?

If the email is not related to agency business, such as “chit chat” between colleagues or messages from family or friends of a personal nature, then the email is not a public record and should be deleted. Do not mix business and personal email. When email contains both personal and business discussion, the email must be treated as public record.

3.) How long should I keep emails?

Retention is based on content, not format! You should use the same records series for the contents of an email that you would use if the same information was on paper. Email can most often be classified as correspondence (GS‐19 for localities; GS‐101 for state agencies). When email is not correspondence, you must determine the content and identify an appropriate retention period based on the retention schedules.

4.) How should email be retained?

You need to determine how you will retain email classified as public records through a collaborative discussion between the agency records officer, upper management, and IT staff. You should not purchase email “archiving” systems that will not allow you to purge email from the system.

5.) How can I make email management easier?

Set aside time to manage your email; delete those that are non‐records and sort those that are records into folders according to the appropriate records series. Use a meaningful subject line to make sorting and retrieving email simpler; change the subject line if the subject changes throughout the thread.

Social media records are a hot topic in the world of records management. Here are some frequently asked questions about social media records and our answers to them.

1.) Are these posts public record?

If posts are made or received in connection with the transaction of the agency’s public business, then they are public records and need to be retained for their full retention period.

2.) When are they copies or non-records?

If the posts duplicate records that the agency is already retaining (such as publications, documents stored on a network drive, etc.), then the posts may be considered copies. If the posts do not exist elsewhere, such as comments made by members of the public, the posts are the agency’s record.

3.) How long should they be retained?

Retention is based on content, not format. Agencies should use the records series for a post that they would use if the same information was distributed in a letter or an e‐mail. Agencies need to retain their primary record of posts for their full period specified in the appropriate records retention and disposition schedule.

4.) How should they be retained?

Agencies need to determine how they will retain the posts that are under their custody and control. When control of the posts is outside of the agency (as with Facebook or Twitter as opposed to an agency created blog), the agency needs to consider what other records they can retain, such as confirmations of each post/comment or screenshots. Agencies should consider these issues when reviewing service contracts of social networking sites, as well as the settings configuration within each of their social networking accounts.

5.) When is using social media for records appropriate?

Agencies should determine the business activities for which social networking technology is appropriate and put a policy in place before creating any social networking accounts. Refer to the VDHRM Policy 1.75 or the VITA Social Media Topic Report.

Below are some things to keep in mind when teleworking.

1.) Records are still public.

Just because you aren't in the office doesn't mean that the records you are creating aren't public records. If you're creating records while conducting public business, no matter where you may be, it's a public record.

2.) Keep work and personal separate.

Don't use personal accounts for business, such as your private email or social media. If the messages sent are done in the transaction of public business, it's a record!

3.) Records are defined by their content.

The information in a record determines its retention, not the format. There is no series for "email" or "spreadsheet" or any other type of electronically based record.

4.) Keep files secure.

When sharing and transferring records, make sure they are secure. Be cautious when using removable media such as jump drives or sending files over non-secured networks. Be aware about sharing and viewing capabilities in platforms like Google Drive.

Virginia's Digitization Laws

(VPRA) COV 42.1-86.01: Records may be retained in electronic medium. 

COV 59.1-495: Creation and retention of electronic records and conversion of written records by public bodies of the Commonwealth. 

COV 8.01-391: Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section). 

COV 15.2-1412: Reproductions of records and documents and legal status thereof; destruction of originals. (localities) 

Virginia-based Organizations

Public School Records Consortium (PSRC): This is an organization dedicated to discussing public school records. If you work at a public school, you should consider joining. 

State Historical Records Advisory Board (SHRAB): This organization offers advice for Virginia’s historical records. 

Virginia Association of Government Archives and Records Administrators (VAGARA): This is a professional organization that offers resources and networking opportunities for Virginia’s records professionals. The Library’s records analysts typically attend the annual conference. 

National Organizations

Association for Intelligent Information Management (AIIM) International: This is a professional organization that offers resources and networking opportunities for records professionals. 

ARMA International: This is a professional organization that offers resources and networking opportunities for records professionals. 

Institute of Certified Records Managers (ICRM): This is a professional organization and certifying body for records managers. 

National Association of Government Archives and Records Administrators (NAGARA): Like VAGARA, NAGARA offers resources and networking opportunities, but at the national level. 

Federal Organizations

National Archives and Records Administration (NARA): This agency manages federal records, historic and non-permanent. NARA’s retention schedules apply only to federal agencies and do not apply to Virginia’s state and local governments.