Penal Code 135 PC: Destroying or Concealing Evidence

Under Penal Code Section 135 PC, it is a misdemeanor crime to willfully destroy, conceal, erase, or alter any document, physical object, digital media, or record that you know is about to be produced as evidence in a legal proceeding, police investigation, or official inquiry.

Designed to preserve the integrity of judicial proceedings and criminal investigations, PC 135 penalizes individuals who tamper with evidence to hinder law enforcement or protect themselves or others from legal liability.

A conviction under this statute can result in criminal fines, probation, and up to six months in county jail.

What Does the Statutory Language of PC 135 State?

The official statutory text of California Penal Code Section 135 PC outlines the prohibition against evidence tampering:

“Every person who, knowing that any book, paper, record, instrument in writing, digital image, video recording, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, notice, or investigation whatever, authorized by law, willfully destroys, erases, or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor.”

Key Statutory Definitions

Matter or Thing (Evidence): Any physical or digital object relevant to a legal proceeding, including financial records, emails, text messages, photographs, video surveillance footage, drugs, weapons, clothing, or court documents.
Willfully: Acting intentionally and deliberately rather than accidentally, inadvertently, or through routine record management practices.
Knowing (Scienter): Actual knowledge or awareness that the item or document is about to be produced or used as evidence in an ongoing or imminent legal proceeding or police investigation.
Legal Proceeding / Inquiry Authorized by Law: Any official proceeding, including criminal trials, grand jury inquiries, civil trials (e.g., family law, bankruptcy, or probate litigation), parole revocation hearings, or active law enforcement investigations.

What Must Prosecutors Prove to Convict Under PC 135?

To obtain a misdemeanor conviction for destroying or concealing evidence under Penal Code 135 PC, prosecutors must establish two core legal elements beyond a reasonable doubt:

Knowledge of Impending Legal Production: You knew that a specific record, document, digital image, video, or physical object was about to be produced as evidence in a trial, inquiry, or lawful investigation.
Willful Destruction or Concealment: You willfully and deliberately destroyed, erased, or concealed that item with the specific intent to prevent it from being produced or used in that proceeding.

Critical Statutory Distinctions

Actual Destruction or Concealment Required: Under California law, a complete act of destruction, erasure, or concealment must occur. An uncompleted or unsuccessful attempt to destroy evidence does not satisfy the statutory elements of PC 135 PC.
Official Proceedings Only: The statute applies exclusively to official investigations or court proceedings authorized by law—it does not apply to private, non-governmental corporate audits or personal disputes outside the judicial process.

What Are the Penalties for Penal Code 135 PC Violations?

A violation of California Penal Code 135 PC is classified as a misdemeanor offense that carries criminal sanctions and potential collateral consequences:

Offense Level	Incarceration + Fine	Collateral Consequences
Standard Misdemeanor PC 135	Up to 6 months in county jail. Up to $1,000	Informal probation, restitution, & civil sanctions
Public Official / Peace Officer Violation	Up to 6 months in county jail. Up to $1,000	Loss of employment, license revocation, & career bar
Immigration Impact (Crime of Moral Turpitude)	Up to 6 months in county jail. Up to $1,000	Potential deportation or inadmissibility for non-citizens

What Are Common Legal Defense Strategies Against PC 135 Charges?

An experienced California criminal defense attorney can implement several strategic defense arguments to challenge evidence-tampering charges under Penal Code 135 PC:

Mistake of Fact / Lack of Knowledge: Demonstrating that you had no knowledge that an investigation was taking place or that the specific item was going to be produced as evidence in an official proceeding.
Lack of Willful Intent / Accidental Disposal: Showing that the document or item was destroyed through routine business document retention policies, accidental discarding, or simple misplacement without criminal intent.
Unsuccessful Attempt / Evidence Not Destroyed or Concealed: Establishing that the item was never actually destroyed, erased, or hidden from law enforcement, thereby failing to satisfy the mandatory completion element of the statute.
Unlawful Search and Seizure: Filing a motion to suppress evidence under California Penal Code Section 1538.5 PC if law enforcement officers discovered the item or conducted searches in violation of your Fourth Amendment rights.

What Is a Hypothetical Example of a PC 135 Investigation?

Scenario: During an audit into potential corporate embezzlement, a business manager receives a formal subpoena ordering the production of internal accounting ledgers. Fearing personal exposure, the manager deletes the primary digital ledgers and shreds paper financial files. Investigators recover traces of the deleted files and obtain remnants of the shredded documents.

Legal Analysis: Prosecutors file misdemeanor charges under Penal Code Section 135 PC. Because the manager knew the ledgers were subpoenaed evidence in an active legal inquiry and willfully destroyed them to prevent their production, the conduct satisfies all statutory elements under PC 135, exposing the manager to up to six months in county jail and $1,000 in fines.

What Are Related California Evidence and Public Justice Laws?

Understanding related statutes is important because evidence-tampering inquiries routinely lead to additional or alternative charges, such as the following:

Penal Code 118 PC – Perjury: Prohibits knowingly making false statements under oath in a court proceeding, deposition, or official declaration.
Penal Code 132 PC – Offering False Evidence: Criminalizes knowingly offering forged, altered, or fabricated documents or evidence in any trial, inquiry, or legal proceeding.
Penal Code 134 PC – Preparing False Evidence: Makes it a felony offense to prepare or forge false documents, records, or items with the intent to produce them as genuine evidence in a legal proceeding.
Penal Code 141 PC – Planting or Fabricating Evidence: Criminalizes knowingly planting, altering, or fabricating physical evidence to falsely frame another person for a crime.
Penal Code 136.1 PC – Intimidating or Dissuading a Witness: Penalizes attempting to prevent or discourage a witness or victim from testifying or reporting a crime to law enforcement.

Frequently Asked Questions (FAQs)

Is destroying evidence always a misdemeanor in California?

Under Penal Code Section 135 PC, destroying or concealing evidence is a misdemeanor. However, if the conduct involves preparing false evidence (PC 134) or planting evidence (PC 141), charges can be elevated to severe felony offenses carrying state prison sentences.

Can I be charged under PC 135 if an investigation has not officially started yet?

Yes. If you know a crime or civil dispute has occurred and an official law enforcement investigation or lawsuit is imminent, or will produce the item as evidence, willfully destroying it can trigger PC 135 PC charges.

What is the difference between an attempted crime and PC 135 PC?

Unlike many California criminal laws where attempting a crime is punishable, PC 135 PC requires an actual completed act of destruction, erasure, or concealment. An unsuccessful attempt that fails to destroy or hide the item does not meet the statutory definition under PC 135.

Can police officers or detectives be charged under Penal Code 135 PC?

Yes. Penal Code 135 PC applies to anyone, including law enforcement officers, prosecutors, or government agents who intentionally conceal, destroy, or erase evidence that could favor a criminal defendant or be relevant to an investigation.

What should I do if police suspect me of destroying evidence?

If police officers or detectives question you about missing documents, deleted files, or destroyed items, politely decline to answer without an attorney present, exercise your right to remain silent, and contact experienced legal counsel immediately.

Speak with a Criminal Defense Lawyer

If you or a family member face allegations or formal charges under California Penal Code Section 135 PC, securing qualified legal representation immediately is critical. Public justice offenses carry criminal penalties, professional license exposure, and serious reputational risk.

Our criminal defense team at the Esfandi Law Group provides strategic representation across Southern California courts:

Pre-Filing Intervention & Investigation: We engage directly with police detectives and prosecutors prior to formal arraignment to present exculpatory evidence, demonstrate lack of knowledge, and seek to prevent criminal filings.
Auditing Document Retention & Routine Procedures: We review business document disposal policies, digital access logs, and communications to establish that records were discarded accidentally or through routine procedures without criminal intent.
Filing Motions to Suppress Evidence: We scrutinize police searches, digital search warrants, and law enforcement conduct, filing motions under California Penal Code Section 1538.5 PC to exclude unconstitutionally obtained evidence.
Protecting Professional Licenses & Careers: We craft defense strategies designed to avoid convictions for crimes of moral turpitude, safeguarding your employment, professional licensing standing, and future.

Contact our offices today to schedule a confidential legal consultation with an experienced California criminal defense attorney.

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