18 U.S.C. 2071: Destruction of Federal Records

18 U.S.C. 2071 criminalizes specified willful and unlawful concealment, removal, mutilation, or destruction of covered federal records. The location or official custody of the record matters. A private document does not become covered solely because it concerns a public controversy. [1]

Elements and penalties

An individual can also face an ordinary felony fine up to $250,000, separate from the custodian-specific office consequences. [2] Both principal subsections authorize up to three years in prison. Subsection (b) addresses custodians and includes office forfeiture and disqualification language. The constitutional application of that language to particular offices is a separate question; the statute should not be presented as automatically resolving presidential eligibility. [1]

Subsection (a) includes attempts and specified carrying away with the relevant intent; subsection (b) concerns a person with custody of the record and additionally includes falsification. A retention schedule or destruction authorization can bear directly on whether the act was unlawful and willful. The general noncapital limitations rule is normally five years, but a charging analysis must consider applicable exceptions and the actual offense dates. [1] [3]

What to examine in the actual case

  1. Identify the official record, custody relationship, and applicable retention rule.
  2. Distinguish authorized disposition from alleged concealment, falsification, or destruction.
  3. Calculate limitations from the charged conduct using the applicable statute and any legally supported exception.

Practical example

An employee deletes a duplicate under an authorized records schedule. That fact pattern requires a different willfulness and unlawfulness analysis from intentionally destroying the only official copy to conceal it.

For related situations, see federal obstruction of justice and federal false-statement charges.

Primary sources

  1. 18 U.S.C. § 2071: official United States Code
  2. 18 U.S.C. § 3571: official United States Code
  3. 18 U.S.C. § 3282: Offenses not capital

Sources checked: October 31, 2026.