You can't.  Impossible to prove a negative.  (In this case, that a record doesn't exist.)
 
One thing you can do, though, is configure your records management application to destroy (electronically shred, really) the record, but maintain its metadata.  Most of the major RM solutions allow you to do this.  In fact, the DoD 5015.2 RMA Standard requires that any certified solution include this functionality.  That way, you can show your lawyer that the record did exist, but was destroyed pursuant to its proper retention and disposition requirements.  
 
I've never seen a case where that wasn't acceptable.
 
Don Lueders, CRM, CDIA
www.SharePointRecordsManagement.com
 
> 
> If a lawyer was asked to produce an electronic record that was disposed of 
> properly how could you as the Record Manager give him 100% proof that the 
> record was properly destroyed?
> 
  		 	   		  
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