In California, interfering with a criminal investigation or court proceeding by tampering with evidence is not just unethical — it’s illegal. Whether it’s deleting a text message, shredding a document, or hiding a physical object that could be used in court, these actions can land you with a misdemeanor charge under California Penal Code § 135.
You don’t need to be a law enforcement officer, a lawyer, or even a party to the case to be held liable. Ordinary people can — and have — been prosecuted for destroying or concealing evidence, often without realizing the seriousness of their actions.
Understanding the details of this law can help you avoid criminal liability, especially if you find yourself involved in or close to a legal investigation. This comprehensive guide breaks down what Penal Code § 135 prohibits, what counts as evidence, possible defenses, and what to do if you’re accused.
Whether you’re researching for a legal issue, want to protect your rights, or simply looking to understand California law better, this article will give you a clear, reliable explanation of everything you need to know about Penal Code § 135.
Under California Penal Code § 135, it is a misdemeanor offense to willfully destroy, erase, or conceal any item you know is about to be used as evidence in a legally authorized trial, inquiry, or investigation, with the intent to prevent its production. The statute is broadly written to include virtually any type of object or material that might be relevant to a legal matter.
Legal Definition Breakdown:
Knowing: The person must be aware that the item is relevant to an official legal process.
Willful: The act must be done intentionally, not accidentally or carelessly.
Intent: The person must intend to prevent the material from being used as evidence.
Legal Process: A trial, court hearing, investigation, or any authorized inquiry must be underway or reasonably anticipated.
What Types of “Evidence” Are Covered?
This law covers an extensive range of physical and digital materials that can serve as legal evidence. Examples include:
Digital content: Emails, text messages, social media posts, video files, photos, and other electronic records.
Physical evidence: Drugs, weapons, bloodied clothing, broken items from a crime scene, etc.
Paper records: Financial statements, contracts, notes, letters, or receipts.
Miscellaneous items: Any “matter or thing” that may be of evidentiary value in an official proceeding.
Examples:
Deleting videos from a phone after learning you’re a suspect in a battery investigation.
Shredding documents once you are made aware of a fraud investigation.
Throwing a weapon into the ocean after a crime to prevent its use in court.
Elements Prosecutors Must Prove
To secure a conviction under Penal Code § 135, the prosecution must prove beyond a reasonable doubt:
The defendant knowingly and willfully destroyed or concealed evidence.
The defendant knew or reasonably should have known that the evidence was going to be used in a trial or investigation.
The act was done with the intent to prevent the evidence from being used.
There was an actual or reasonably foreseeable legal proceeding or investigation underway.
If any of these elements is not established, the defendant cannot be convicted of this crime.
Penalties for a Conviction
Destroying or concealing evidence under this code section is a misdemeanor offense. The potential penalties include:
Up to six months in county jail.
A maximum fine of $1,000.
Probation, which may include conditions such as community service, restitution, or mandatory counseling.
Although this is not a felony, a conviction can have long-term consequences, including a criminal record that may impact job opportunities, housing applications, and state licensing.
Common Defenses Against a Penal Code 135 Charge
There are several legal defenses that can be raised if someone is accused of violating this law:
Lack of Willfulness or Knowledge: If the destruction was accidental or if the defendant did not know the item was evidence, they may not be guilty under this statute.
No Actual Evidence: If the object in question was not connected to a legal proceeding or wasn’t known to be relevant, the statute does not apply.
No Ongoing or Imminent Investigation: If there was no investigation or proceeding at the time of the act and no reasonable expectation of one, the law may not apply.
Insufficient Intent: Even if the item was destroyed, if the defendant had no intent to obstruct justice or prevent the item from being used in court, they cannot be convicted under this statute.
Related Offenses Under California Law
Penal Code § 135 often intersects with other California laws designed to protect the integrity of the legal process:
Penal Code § 132 – Offering False Written Evidence
Penal Code § 134 – Preparing False Evidence
Penal Code § 141 – Planting or Tampering with Evidence
Penal Code § 148 – Resisting, Delaying, or Obstructing a Peace Officer
Each of these laws addresses different forms of interfering with legal investigations or proceedings and may be charged alongside or instead of a Penal Code § 135 violation.
Consequences Beyond Jail Time
A misdemeanor conviction under Penal Code § 135 can impact more than just your immediate freedom. Collateral consequences may include:
A permanent criminal record, affecting job applications and background checks.
Loss of professional licenses or denial of new applications for regulated professions.
Difficulty obtaining housing or federal student loans.
Loss of credibility in court if you testify in future legal matters.
Civil lawsuits if destruction of evidence causes harm to another party’s legal case.
Impact on Immigration
For non-citizens, the good news is that a conviction under Penal Code § 135 is not considered a “deportable” offense or one that triggers automatic immigration consequences. That said, all criminal convictions can raise red flags during immigration reviews, and it’s still wise to consult an immigration attorney if you are not a U.S. citizen.
Expungement and Record Clearing
You may be eligible to expunge a conviction under this statute once you have completed probation or served your sentence, provided you meet certain criteria under California Penal Code § 1203.4. An expungement will allow you to legally state that you have not been convicted of a crime in most circumstances, such as employment applications.
Expungement does not erase the record, but it updates it to show the case was dismissed. It also does not restore gun rights or prevent immigration issues, though Penal Code § 135 convictions do not typically affect either.
Practical Advice
If you are involved in or aware of a criminal investigation or legal proceeding, do not delete, hide, or destroy anything that might be considered evidence. Even seemingly minor actions, like deleting text messages or removing social media posts, can fall under the scope of this law if done with the intent to interfere with a legal process.
If you’re unsure about what might be considered evidence, or if you’re worried about your legal exposure, the best course of action is to consult a criminal defense attorney before taking any steps that could be interpreted as concealment.
Summary of Key Points
| Topic | Details |
|---|---|
| Offense | Willful destruction or concealment of known evidence |
| Crime Type | Misdemeanor |
| Penalty | Up to 6 months jail, $1,000 fine, probation possible |
| Legal Process Required | Active or reasonably anticipated proceeding or investigation |
| Defenses | No intent, no knowledge, no relevant proceeding |
| Expungement | Available after successful completion of sentence or probation |
| Immigration Impact | Typically none |
| Related Crimes | PC §§ 132, 134, 141, 148 |
Final Thoughts
Protecting your rights starts with understanding them. Avoid making any decisions that could escalate your legal exposure. Always consult an experienced criminal defense attorney when in doubt.
