4.4.3  Record Retention Requirements

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. 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 all paper documents except attendance documentation that contains confidential information into ECF 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 4.4.1) Confidential documents retained in case of scanner operator error must be stored in a sealed envelope in the paper file under lock and key. If an agency determines that a paper copy of a confidential document must be kept long-term, the document must be stored in a sealed envelope in the paper file under lock and key.

W-2 agencies must not delete any documents from ECF unless the document is scanned under the wrong case. In this situation, the agency must either re-index the document to the correct case or delete and rescan the document. See ECF Handbook sections 1.4 and 5.1.3 for more information.

 

 

History: Release 18-04; Release 13-01.