Disposing of Public Records

• State Government Records
• Local Government Records

Records are indispensable to the efficient and economical operation of government. They serve as the governmental memory; they are the evidence of past events and the basis for future actions. When records are created, maintained, and disposed of in a systematic and orderly fashion, they are a tremendous asset.

All public records have a specific value – whether administrative, fiscal, legal, historical, transitory, or produced by an outside source.  Some are so vital to an agency’s operation that they must be preserved for perpetuity.  Based on a record’s value, state and local governments adhere to retention schedules which determine how long the public record must be kept.

When records are no longer needed, they may be disposed of in a legally prescribed fashion — but only after the State or Local Government Records Committees have approved their disposal. 

State Government Records

If you want to dispose of state records, deadhead or mail a signed original Records Disposal Request Form (RM-5) to:

State Government Records Committee
SOS Records Management Bureau
P.O. Box 202805
Helena MT 59620-2805

Local Government Records

According to 2-6-405 MCA, local officials must give 180 days notice to certain interested parties before destroying any record that is 10 years old or older. The law prioritizes the parties to be notified in this order:

• The Montana Historical Society
• The State Archives
• Montana public and private universities and colleges
• Local historical museums
• Local historical societies
• Montana genealogical groups, and
• The general public.

If none of these entities claims the record within 180 days, the record may be destroyed as prescribed by state law. 

The Local Government Records Committee has established an Internet list-serve to which local governments and other interested parties can subscribe. The Records Management Bureau of the Secretary of State's Office will list all local government records subject to the 180-day notice requirement on the listserve. To join the list-serve, send a blank e-mail message to join-recordsdisposal@lists.mt.gov. 

1. Complete a Request and Authorization for Records Disposal or Destruction form (Fillable Word or PDF). Indicate whether the record is confidential or private.

2. Send the form to one of the following:

The form will be forwarded to the Records Management Division and posted on the list-serve.

3. If contacted during the 180-day period, transfer the record to the party that requests it. The requesting party is required to pay all costs associated with the transfer. The Local Government Records Committee recommends that each local government agency draft its own policy to handle situations in which more than one party requests a specific record.

More information about record disposal is available from the Records Management Bureau of the Secretary of State's Office, (406) 444-9000 or e-mail sosrecords@mt.gov.