California Penal Code 135 PC: Destroying or Concealing Evidence

California Penal Code 135 PC makes it a misdemeanor to willfully destroy, alter, or conceal evidence knowing that it is about to be produced, used, or investigated in a legal proceeding or criminal investigation.

Designed to protect the integrity of the judicial system, this statute applies to both criminal matters and select civil proceedings—such as family law or bankruptcy cases—and even binds law enforcement officers.

What Does Penal Code 135 PC Prohibit?

At its core, California Penal Code 135 PC criminalizes any deliberate act designed to obstruct justice by tampering with, hiding, or eliminating potential evidence before it can be introduced in an official inquiry. The statutory prohibition is broad, capturing both physical objects and digital artifacts across a wide spectrum of criminal and civil contexts.

Categories of Prohibited Tampering

Digital and Electronic Data: Deleting text messages, wiping computer hard drives, clearing internet search histories, erasing emails, or formatting mobile devices to prevent forensic recovery.
Physical and Tangible Objects: Hiding, discarding, or destroying weapons, clothing with biological residue, contraband, tools used to commit a crime, or physical property tied to a dispute.
Financial and Business Records: Shredding bank statements, concealing corporate ledger entries, deleting accounting spreadsheets, or hiding digital assets during civil litigation or bankruptcy proceedings.
Audio, Visual, and Surveillance Media: Destroying security camera footage, erasing smartphone photographs, or altering recorded audio files relevant to an active investigation.
Legal and Administrative Documents: Concealing contracts, written correspondence, medical notes, or official paperwork subpoenaed or anticipated in a legal proceeding.

Key Elements of the Crime

To secure a conviction under California Penal Code 135, the prosecution must prove three statutory elements beyond a reasonable doubt:

Knowledge: You knew that a specific item or document would be used as evidence in a trial, investigation, or legal proceeding.
Willful Act: You deliberately destroyed, altered, or concealed that item.
Completion: The concealment or destruction was successful. (An unsuccessful attempt to destroy evidence generally does not qualify under PC 135).

Penalties and Legal Consequences of PC 135

Although Penal Code 135 is classified as a misdemeanor rather than a felony, it carries severe criminal and personal repercussions.

Penalty / Consequence Category	Statutory Detail & Legal Impact
Offense Classification	Misdemeanor
County Jail Time	Up to 1 year in county jail
Fines & Restitution	Criminal fines of up to $1,000 plus court-ordered restitution
Probation Terms	Summary (informal) probation
Collateral Consequences	Potential immigration implications if classified as a crime involving moral turpitude; damages court credibility in related cases

Related California Offenses

District attorneys often file Penal Code 135 alongside other white-collar, fraud, or obstruction charges. Recognizing how these intersecting statutes apply helps contextualize the broader scope of a criminal indictment:

Penal Code 118 PC (Perjury): Defined as willfully making a false statement under oath or penalty of perjury. Prosecutors often add this charge if an individual lied about the existence, location, or destruction of evidence during official proceedings or police interrogations.
Penal Code 132 PC & 134 PC (Offering or Preparing False Evidence): While PC 135 involves destroying or hiding truth, these companion statutes target manipulation. PC 132 penalizes offering forged or fraudulent documents into evidence in court, knowing they are fake, while PC 134 criminalizes preparing false evidence with the intent to present it in a legal inquiry.
Penal Code 141 PC (Planting or Fabricating Evidence): Typically invoked against law enforcement officers, public officials, or private parties who deliberately plant, fabricate, or alter physical evidence at a crime scene to frame a suspect or skew an investigation.
Penal Code 32 PC (Accessory After the Fact): Harboring, concealing, or aiding a principal offender after a felony has been committed with the specific intent that they avoid arrest, trial, or punishment. Evidence destruction is frequently a primary overt act cited under accessory charges.

Common Legal Defenses Against PC 135 Charges

Beating a charge under California Penal Code 135 relies on dismantling the prosecution's strict statutory requirements. An experienced criminal defense attorney can deploy targeted legal strategies to contest the allegations:

Lack of Actual Knowledge: Under the statute, you cannot be convicted if you were unaware that an official investigation or legal proceeding was pending or that the item in question would be called upon as evidence. Discarding or clearing materials without notice of a legal nexus invalidates the charge.
Absence of Willful Intent: Accidental deletion, routine software data purging, or standard corporate document shredding pursuant to pre-existing company policy do not constitute criminal tampering. The prosecution must prove a deliberate, calculated effort to thwart justice.
Incomplete Destruction or Recovery of Evidence: PC 135 typically requires that the concealment or destruction be successful. If law enforcement recovers the data, text messages, or physical items intact, the underlying element of successful destruction fails.
First Amendment and Privacy Protections: In specific digital contexts, actions involving the deletion of personal data may be defended under constitutional privacy rights, provided they were not executed in direct response to a known, active subpoena or search warrant.
Insufficient or Circumstantial Proof: The state bears the absolute burden of proof. If the prosecution relies on weak, speculative, or circumstantial evidence that fails to tie you directly to the alleged act of tampering, the charges are subject to dismissal.

Frequently Asked Questions )FAQs)

Can a law enforcement officer be charged under California Penal Code 135?

Yes. The statute applies universally, meaning police officers or government officials who intentionally conceal or destroy exculpatory or incriminating evidence can face direct criminal prosecution under PC 135.

Is deleting text messages or clearing search history illegal in California?

Deleting text messages or clearing browser data only violates PC 135 if you take that action with the specific intent to prevent law enforcement or the courts from using those records in a known, pending investigation or legal proceeding.

Does Penal Code 135 count as a strike under California's Three Strikes Law?

No. PC 135 is classified as a misdemeanor offense and does not qualify as a strike. However, it can still negatively influence sentencing guidelines for concurrent felony charges.

What should I do if I suspect I am under criminal investigation?

If you believe you are under investigation for destroying evidence, stop altering any materials immediately, avoid speaking to law enforcement without counsel present, and retain a qualified defense attorney.

Does PC 135 apply to civil lawsuits and family court?

Yes. The statute covers official legal proceedings outside of criminal court, including family law disputes (such as hiding assets during divorce proceedings) and bankruptcy investigations.

Legal Representation in Los Angeles

Charges involving evidence destruction typically compound existing legal jeopardy and strengthen the prosecution's underlying case. Early intervention by skilled legal counsel is vital to challenge intent elements, negotiate reductions, or protect your constitutional rights.

The criminal defense attorneys at Cron, Israels & Stark represent clients throughout Los Angeles facing misdemeanor and felony investigations. To schedule a confidential consultation, call (424) 372-3112 or contact the firm directly online.

Destroy or Conceal Evidence