What is the penalty for unlawful destruction of federal records?

Federal records are the property of the United States, not of the individuals or agencies that create them. Destroying, removing, altering, or concealing them outside an approved schedule is unlawful and can carry serious consequences. The exact penalty depends on which law applies, the intent involved, and whether the act is treated as an administrative violation or a criminal offense.

Criminal penalties

U.S. law makes it a crime to willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy federal records. Custodians of records who do so can face fines and imprisonment, and in some cases disqualification from holding federal office. These penalties generally require intent — the act must be done knowingly rather than by accident. Related criminal provisions can also apply when records are destroyed to obstruct an investigation, audit, or legal proceeding, which may add separate and more severe charges.

Administrative and civil consequences

Not every improper destruction rises to a criminal prosecution. Agencies are required to report any actual, impending, or threatened unlawful destruction of records to the National Archives and Records Administration (NARA). NARA can investigate, require corrective action, and work with the Department of Justice to recover records or pursue legal remedies. Individual employees may also face disciplinary action — including suspension or removal — under agency policy and federal personnel rules.

Why the rules are strict

Records document government decisions, protect citizens’ rights, and preserve accountability and history. Unauthorized destruction can:

• Eliminate evidence needed for litigation, audits, or FOIA requests
• Undermine public trust and transparency
• Cause permanent loss of historically valuable material

Staying compliant

The safest path is to dispose of records only under an approved records schedule, and never on an ad hoc basis. When in doubt, treat material as a record, retain it, and consult your records officer or agency counsel before any destruction. Documenting that disposition followed an authorized schedule is the best protection against allegations of unlawful destruction.

For broader background on federal recordkeeping obligations, see the federal records topic hub.