Who is personally liable if a federal agency illegally destroys records, the employee or the agency?

The short answer is both can bear responsibility — but in different ways. Federal law treats the unlawful destruction of records as both an individual matter and an institutional one. Who is held accountable, and how, depends on the facts: who acted, what they knew, and whether the conduct was willful.

Individual Accountability

Federal records statutes contemplate that a person who unlawfully removes, conceals, mutilates, or destroys federal records can face personal consequences. These can include criminal penalties, fines, and disqualification from federal office, particularly where the act was knowing and willful rather than accidental.

In practice, individual liability tends to attach when an employee:

• Deliberately destroys records knowing they are subject to retention
• Acts to conceal wrongdoing or evade disclosure
• Ignores a clear legal hold or preservation obligation

An honest mistake — applying the wrong retention schedule, for example — is generally handled as an administrative or corrective matter rather than as personal criminal liability. Intent and knowledge are central distinctions.

Agency Accountability

The agency, as an institution, carries its own distinct obligations. Federal agencies are legally required to make and preserve records, establish recordkeeping programs, and notify the Archivist of the United States when unlawful destruction occurs or is threatened. When records are improperly destroyed, the agency may be required to report the incident, attempt recovery or reconstruction, and demonstrate corrective action.

Agency leadership — including the head of the agency and the designated records officer — shares responsibility for ensuring compliance. Failures here are typically addressed through oversight, reporting requirements, and remediation rather than personal criminal charges, though leadership can face scrutiny and consequences for systemic neglect.

The Practical Picture

Think of it as two overlapping layers. The agency answers for its program and its statutory duty to preserve and report. The individual answers for willful acts they personally commit. A single incident can trigger both: the employee who intentionally shredded records may face personal penalties, while the agency simultaneously faces an obligation to investigate, report, and correct.

This is why strong recordkeeping programs emphasize clear policies, training, and documented legal holds — they protect both the institution and the people working within it.

For more on the legal framework and related duties, see the compliance and standards topic hub.