Can a federal employee be personally fined or jailed for deleting government records?

Yes. Federal law treats the unlawful destruction or removal of government records as a serious matter, and in certain circumstances an individual can face criminal penalties — including fines and imprisonment — not just administrative discipline. The key word is unlawful: routine, authorized destruction under an approved schedule is not a crime. Liability arises when records are destroyed, concealed, mutilated, or removed without authority, or with intent to obstruct.

What the law generally provides

Federal criminal statutes prohibit willfully and unlawfully destroying, concealing, removing, or falsifying records of the United States. Related provisions address obstruction of justice — for example, altering or destroying documents to impede an investigation or proceeding. Depending on the statute and the facts, penalties can include monetary fines and a term of imprisonment, and in some cases disqualification from holding federal office.

Two things typically matter most:

• Intent. Accidental loss is treated very differently from a knowing, willful act intended to hide or destroy a record.
• Authorization. Destroying records that are eligible for disposal under an approved NARA-aligned schedule is lawful. Destroying records outside that authority — or that are subject to a litigation hold, subpoena, or investigation — is where exposure begins.

When does personal liability attach?

Criminal exposure is most likely when an individual:

• Knowingly destroys or removes records they are not authorized to dispose of;
• Acts to conceal wrongdoing or obstruct an audit, investigation, or court proceeding;
• Falsifies or backdates records to mislead.

Even where conduct is not charged criminally, employees can face removal, suspension, or loss of clearance, and agencies must report the unlawful loss or destruction of records to NARA.

The practical takeaway

For most federal employees, the protection is simple: only dispose of records through your agency’s approved retention schedule, preserve anything under a hold, and never delete material to hide it. Records officers should ensure staff understand that “deleting an email” or “cleaning out a drive” can carry real consequences when the material is a federal record.

If you are unsure whether something is a record or eligible for destruction, ask your records officer before acting. You can explore related guidance through the federal records hub.

This overview is educational and is not legal advice; consult your agency counsel for specific situations.