Can I Go to Jail for Shredding Documents?
To prevent the obstruction of justice, California criminalizes any destruction of evidence, including shredding. However, there are
clear guidelines for when destruction is a crime and when it is harmless. Knowing about an investigation or other criminal proceeding is vital to establishing whether you committed a misdemeanor. But in the wrong situation, shredding evidence can result in you spending time in a California county jail.
When Is Shredding Evidence Criminal?
Many individuals and businesses shred documents as a routine practice to prevent identity theft or disclosure of secret information. However, sometimes shredding can land you in legal hot water.
A California prosecutor seeking to convict you of illegally destroying evidence must prove that you willfully and knowingly destroyed or hid any evidence during a legal proceeding. Under California law, willfully means that you intended to commit a criminal act. The knowingly part means the prosecutor must show that you knew what you shredded could have been used as evidence.
How Do You Know What Is a Legal Proceeding?
You can only be sent to jail for destroying evidence if the destruction occurred during a legal proceeding. Shredding documents without the required legal proceeding means that you did not commit a crime. So, what is considered a legal proceeding?
California law defines legal proceeding as any of the following:
- A trial.
- A legal inquiry.
- An investigation by enforcement into criminal activity.
So, if you are under investigation, it is good practice to not shred anything that could be used as evidence. However, if you and your attorneys can show that the destruction occurred before an investigation began, you can prove you did not commit a crime.
Similarly, your defense team can argue that you did not willfully destroy or hide evidence. For example, imagine you accidentally spilled your morning coffee when filing documents. If law enforcement requests the records destroyed by the coffee, you can defend yourself by showing the paper was ruined by accident.
The Penalties for Illegally Shredding Evidence
If you are charged in California with illegally destroying evidence, you will face misdemeanor penalties. The maximum sentence for a conviction includes up to six months in county jail and a $1,000 fine. Often, prosecutors are willing to accept a plea bargain in these cases unless your conduct was particularly egregious. Additionally, judges may order you to serve summary probation rather than having you sent to jail.
Once you have finished your punishment and carried out the terms of your probation, you should consider seeking to have a conviction expunged. Judges have the authority to expunge destroying evidence convictions from your record if they believe you have completed all the conditions of your probation. An expungement eliminates most of the future penalties stemming from a criminal conviction.
Finally, it should be noted that a conviction for illegally destroying evidence will not affect either your immigration status or your right to own a gun. Certain crimes in California can lead to negative immigration consequences or an automatic ban on legally owning a firearm. However, illegally shredding documents is not one of these convictions.
Have you been accused of illegally shredding evidence in Garden Grove, California? The skilled defense attorneys at the Chambers Law Firm can help. Call us now at 714-760-4088 or email dchambers@clfca.com to schedule a free initial consultation.
