Deleting old emails or workplace messages is a normal part of running a business. Many companies remove old records under a retention policy. In most cases, that is not a crime. But once an investigation begins, investigators may look at those actions differently.
When deletion becomes a legal issue
Most businesses have policies for deleting old emails and messages. Those policies usually work as intended during normal business operations.
Things can change after a subpoena, search warrant or other sign of an investigation. If records disappear after that, investigators may ask questions such as:
- Who deleted the records?
- When were they deleted?
- What information did they contain?
- Did anyone know about the investigation before the records disappeared?
The answers can help investigators determine whether the deletion reflected a routine business practice or an attempt to interfere with the investigation.
Intent plays an important role
To prove obstruction, prosecutors generally must show that someone tried to hide relevant evidence from investigators. They may look at when the records disappeared, what they contained and whether the person knew an investigation had started. Those facts can show whether someone followed a normal business practice or tried to interfere with the investigation.
When questions arise about deleted records
Each investigation is different. If deleted emails or workplace messages become part of a case, prosecutors will review the evidence and the facts behind the deletion. Actions that once seemed routine can take on a different meaning after an investigation begins. Learning how these cases are evaluated can help you better understand what factors may influence the investigation.
