I quote from John Isaza's book, "7 Steps for Legal Holds of ESI and Other Documents":

"As long as there are no other holds in place that may apply, once a hold is released non-records may be destroyed immediately.  If expired, official records may be destroyed in accordance with the record retention policy of the organization.  If records with a retention schedule have not expired, they must be placed back into their routine retention lifecycle."

With regard to documents that were "preserved" per the requisite legal hold, but not "produced" in support of the litigation, it has been my experience that these materials still remain as "non-records" and can now be destroyed.

Carolyn Mariani, CRM
Director, Records Management
Warner Music Group
75 Rockefeller Plaza
New York, NY 10019
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212-275-2410

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