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HomeGovernment CodeDiv. 3Pt. 2Ch. 3Art. 7§ 12275 Record Destruction Restrictions

§ 12275 Record Destruction Restrictions

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12275 Record Destruction Restrictions

Key Takeaways

  • •State agencies can't throw away or destroy records unless the Secretary of State says it's okay because the records aren't important anymore.
  • •If a record is being checked in an audit, it can't be destroyed until the check is done.
  • •Rules about making new agency rules can't be destroyed at all.

Example

A state office wants to throw away old papers to make space.

They can't just toss them. They have to ask the Secretary of State first. If those papers are part of an ongoing check (audit) or are about making rules, they might have to keep them forever.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12275 Record Destruction Restrictions

(a) A record shall not be destroyed or otherwise disposed of by an agency of the state, unless it is determined by the Secretary of State that the record has no further administrative, legal, or fiscal value and the Secretary of State has determined that the record is inappropriate for preservation in the State Archives. (b) The Secretary of State shall not authorize the destruction of a record subject to audit until the Secretary of State has determined that the audit has been performed. (c) The Secretary of State shall not authorize the destruction of all or any part of an agency rulemaking file subject to Section 11347.3. (Amended by Stats. 2021, Ch. 50, Sec. 59. (AB 378) Effective January 1, 2022.)

Last verified: January 22, 2026

Key Terms

recordSecretary of Stateadministrative, legal, or fiscal valueState Archivesauditagency rulemaking fileSection 11347.3

Related Statutes

  • § 12273 At-Risk Records Transfer
  • § 12223.5 State Archives File Preservation
  • § 12274 Agency Records Management Program
  • § 12277 State Records Program Transfer
  • § 12278 State Records Equipment Transfer

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 12275.
View Official Source