Official and Non Offical Records

Official Records: reflects the final, official recorded position of an organization related to the specific content of the record. Official records reflect the intent of an organization both to commit to a position and to record that position. These records reflect the information and position that the organization believes is true and complete, will rely upon to conduct its affairs and hopes others will also rely upon. These will be the records an organization will likely attempt to introduce into evidence as "business records" under the rules of evidence. Official records consequently must be subject to rigorous procedures for creation, modification, and destruction under a records management and a records retention program.

Unofficial Records: Official records can be distinguished from drafts, work-in-progress, handwritten notes, copies of documents, word processing, electronic documents used to create official signed documents, unsigned letters and other material that is either in a preliminary state of development or has not yet been authorized or approved by an appropriate person. These "unofficial records" do not yet reflect the official position of the organization and remain subject to change before completion.

Legal example: In S.C. Johnson & Son, Inc. v. Louisville & Nashville Railroad Co. (695 F.2d 253[7th. Cir. 1982]), plaintiff destroyed handwritten notes regarding the condition of products damaged in shipment after converting the information to a typed memorandum documenting his findings. An employee testified that the notes were destroyed because they were illegible to others and that all the necessary information had been included in the memorandum.
The court rejected the defendent's claim that relevant information contained in the notes could help determine whether the findings in the memorandum were accurate, and accepted the records destruction. Even though the notes were not destroyed under any company policy, the court found no reason to believe that the plaintiff destroyed the notes in bad faith. Although the court did not distinguish between official and unofficial records, the court did conclude that the important information from the hand written notes had been transferred to the final memorandum.

Duplicate Records: The Uniform Rules of Evidence permit the admission of duplicate records. See: Fed. R.Evid. 1003.

Non-Record Material: consists of library material, printed publications, commercially-available computer software, blank forms and other materials that do not reflect the recorded position of the organization.

Note: The above information comes from Skupsky and Montana, Law, Records and Information Management: The Court Cases, Information Requirements Clearinghouse (1994).