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W-2 agencies must retain W-2, JAL, and EA case-related paper documents for three years after a case closes if the agency has not scanned the documents into the ECF. This three-year retention requirement also applies to audio tapes of Fact Finding Reviews. The only documents that agencies should not scan into the ECF are those that contain sensitive and confidential information (W-2 Manual 4.2.2.1 and 4.4.6). After the case has been closed for three years, the W-2 agency can destroy the paper documents and audio tapes.
W-2 agencies must retain paper documents for longer than three years if any litigation, claim, or audit involving the case is unresolved. In these situations, the W-2 agency must not destroy the documents until three years from the date the issue was resolved. The terms “litigation,” “claim,” and “audit” include lawsuits, Fact Finding Reviews, Departmental Reviews, Intentional Program Violation claims, federal or state audits, Legislative Audit Bureau audits, etc.
W-2 agencies are required to scan paper documents into ECF that do not contain sensitive and confidential information within 30 days after receipt. Agencies may destroy paper documents that they have scanned and stored in the ECF at any time. It is recommended that agencies retain paper documents that it has scanned into ECF for at least a week in the event they discover scanner operator error. This includes copies of birth certificates, Social Security cards, marriage certificates, etc. Agencies must return original documents to the owner. (See 4.4)
The DHS will purge documents scanned into ECF. DHS will not purge documents until at least the minimum document retention time period of three years has lapsed and then DHS will purge documents based on storage space, case closure dates, and other considerations.
This
page last updated in Release # 13-02
Release Date: 05/15/13
Effective Date: 05/15/13