New Jersey Record Retention Laws

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New Jersey Record Retention Laws

The Bureau of Records Management places all public records in records retention schedules, which list the minimum legal and fiscal periods that must be retained by state and local governments and educational agencies. In cooperation with employees of the Records Creation Authority, the Bureau determines these retention periods in accordance with federal and state codes, regulations, and limitation periods. Final approval of the lists is given by the State Archives Committee, which is composed of representatives of the Attorney General, the State Treasurer, the State Auditor, the Director of Local Government Services and the Secretary of State. Like the federal government, the New York State Department of Taxation and Finance recommends that records related to corporate tax returns be retained for 3 years, including void checks, receipts, and other sales records. A records retention disposition table that allows an organization to quickly determine if a series of records is ready for disposal. The table specifies the year in which a series of records is created with the corresponding disposition data based on retention requirements. The registers may be made available from 31 December of the year indicated in the table(s). Under the Destruction of Public Records Act, 1953 (P.L. 1953, c. 410), public authorities must obtain prior written authorisation to dispose of their public documents, irrespective of the medium on which the information is stored.

The Department regularly processes and authorizes the destruction of public records contained in preservation plans approved by the State Archives Committee. The Document Storage Centre of the Document Management Service is a secure, centralized and cost-effective facility for storing semi-active government records with retention periods of ten (10) years or less. New Jersey data storage standards can be found in New Jersey Administrative Code 15: Subchapter 6: Records Storage Records Management Services also maintains Artemis (Records Retention and Disposition Management System). Its objective is to increase efficiency between state, regional and local agencies by tackling many of the records management functions, processes and services offered by the Department under the Public Records Destruction Act, Chapter 410, PL 1953. It allows county and local governments to view and download retention schedules, manage certified system information, submit electronic document deletion requests, and other records management functions. Learn more. Find the published version of an approved retention schedule for NJ records. Please read the instructions to find and read a retention plan. Proper record keeping is not just a matter of regulatory compliance. In the event of an audit or litigation, it can be costly not being able to provide the required documents. When in doubt, it is always in your best interest to consult experienced business lawyers who can act as “in-house” external counsel to advise you on these and other business practices.

Contact Loganzo & Mantell PLLC today to make an appointment. Requests for deletion of single records (e.g., disposal of fire-damaged records that have not yet exceeded their retention period) require specific approval from the State Archives Committee. Documents held at the State Records Storage Center are readily available to authorized agency representatives for reference or retrieval. Located in Ewing Township near Trenton, the State Records Storage Center can be part of the state government`s critical records protection program and is currently used by more than 250 state agencies and offices. Storage facility staff can advise state and local government agencies on the most appropriate storage of their inactive and semi-active records. The Centre is also able to arrange for stored records to be disposed of after their retention period has expired. Keep in mind, however, that state record-keeping laws are often stricter than federal regulations. This is the case with the New York payroll retention requirement, which is twice as long as the DOL requirement over a period of at least 6 years. This time limit also applies to the documentation of hours worked, gross wages, deductions and net wages of each employee.

New York also requires a company to maintain at least 4 years of pay to comply with the state`s workers` compensation law. The facility currently stores 250,000 cubic feet of semi-active paper documents for more than 200 agencies and state offices. Temperature- and humidity-controlled vaults are also available to meet government agency storage requirements for computer tapes, optical drives, and microfilm master negatives. Businesses must comply with certain federal laws that apply nationally. Other notable federal record retention requirements that merit special attention are enforced by the Internal Revenue Service (IRS), the Equal Employment Opportunity Commission (EEOC), and the Department of Labor (DOL): An essential part of a good records management program is the timely destruction of records after their retention period has expired. This concerns the destruction of paper documents as well as those that have been microfilmed, reproduced or electronic. Destruction requires approval of Artemis by the Division of Revenue and Enterprise Services. All government agencies should use ARTEMIS to dispose of your records.

Similar to New York, New Jersey requires businesses to keep detailed payroll for a period of at least 6 years. Records Management Services works with government agencies to develop and update records retention schedules. research and strategy development for electronic records; assistance in the inventory and evaluation of documents for remediation or disposal projects; and approve routine requests to delete documents. Below are the most commonly used schedules. Please click on the document series # to view the schedule in PDF format. Finally, all of New Jersey`s record retention schedules will be available in an online database. Even if there is no legal obligation, we recommend that you keep some important documents permanently: Finally, commercial contracts, leases and employment contracts must be kept for at least 6 years after the date of termination or expiry. This is consistent with the rule of thumb that records must be retained until the end of the longest applicable statute of limitations, which is 6 years for infringement and fraud claims in New York and New Jersey.