Here Today, Gone Tomorrow: How and Why Records are Destroyed
Welcome to the January 2026 edition of our newsletter! In this issue, we’ll examine efforts by state and local governments to destroy archived records; look at digitization versus destruction and offer tips for researchers to get information when the trend is against access and retaining records.
Disappearing Act: Trends In Records Retention
In the last decade, many county governments have begun purging records from their systems – not just destroying files which had been warehoused, but deleting older records from electronic indices. Another challenge is that many jurisdictions have migrated from older to newer systems, and often, records are lost in the process. In one instance, after New Jersey was transitioning its systems, we found nearly 40 cases concerning an individual which were only on the old system – in the process of sunsetting – that did not migrate to the new system.
Sometimes, natural disasters are the culprit – for instance, after Hurricane Katrina, many of Orleans Parish’s criminal case records were housed, on paper, in one location, which was flooded out, destroying thousands of records, while others were inadvertently dumped into a landfill (and ultimately recovered, albeit likely in poor condition.)
Other changes are meant as well-intentioned reforms that can inhibit access to records, such as various “clean slate” laws that destroy, delete, or seal certain criminal records after a set period, although certain grave offenses, like sex crimes and domestic violence, remain as permanent records.
How researchers can track down older records that have been purged
When performing due diligence on a subject, if you suspect a record has been purged – such as seeing an arrest mentioned in a news article, but not finding a corresponding criminal case – researchers have a few options. Database services like Lexis-Nexis and WestLaw act as archival sources, often including case records in their docket and pleading indices that have been destroyed; although the case information itself can often be outdated – such as saying a case is open when it closed after addition to the system – the information can act as proof that a case was filed, and also often contains information about attorneys and other parties, who can then be approached for interviews.
Another option, which is also in a state of flux, is to send an open record request to relevant agencies about the matter underlying a destroyed court case. For example, prosecutors and police departments may have different record retention policies, and thus may still have police reports or other records pertaining to older cases. For civil actions, cross-referencing with judgment rolls (often kept by the county clerk, not the courts) and lien indices (kept by the county clerk or recorder) to find more information about certain destroyed civil cases. Depending on the nature of the case, regulators such as a state insurance division or attorneys general may have certain oversight offices, such as a consumer protection division, which could yield useful information.
As time marches on and more jurisdictions purge records from their systems, especially older records, new challenges are created for the diligent researcher. With creativity and tenacity, those challenges can be met.