Destroying Evidence – Nevada Law & Penalties – NRS § 199.220

In short, trashing or falsifying evidence to obstruct justice is a crime in the state of Nevada.¹

Example: Jenny uses a stolen checkbook to purchase several thousand dollars worth of items. Then Jenny throws out all the sales receipts and remaining checks to throw law enforcement off the scent. Since Jenny was intentionally destroying evidence of her felony theft crime, she could face charges for destroying evidence (in addition to felony theft).

2. Penalties

Intentionally destroying evidence in Nevada is a gross misdemeanor carrying a maximum sentence of:

• 364 days in county jail and/or
• $2,000 in fines.²

The D.A. may be willing to plea bargain the charge down to a misdemeanor. This maximum sentence would be:

• 6 months in county jail and/or
• $1,000 in fines.

The judge may permit you to perform community service in lieu of fines.

3. Defenses

Here at Las Vegas Defense Group, we have defended literally thousands of people charged with crimes such as destruction of evidence. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries in getting NRS 199.220 charges reduced or dismissed.

1. Police obtained evidence through an unlawful search. If officers conducted a search that violated the Fourth Amendment, the defense may file a motion to suppress evidence obtained through that search. Suppression can weaken or sometimes eliminate the prosecution’s case.
2. The item did not relate to a felony or the administration of law: Prosecutors must connect the item and your actions to one of the purposes prohibited by NRS 199.220. Destroying an unconnected item, without an intent to conceal a felony, hinder the law, or prevent the item’s production, does not satisfy the statute.
3. You did not act with criminal intent: Accidentally throwing out evidence is no crime. It is also no crime to intentionally throw out items you had no idea were related to a case. As long as there is an innocent explanation for why you destroyed the documents at issue, criminal charges should not stand.

Example: Tom is charged with forgery. He takes all his relevant documentation in his house to FedEx Office and asks the clerk to shred it. Here, the clerk committed no crime because he had no idea the documentation could be evidence in a criminal case.

4. Record Sealing

A Nevada conviction for destroying evidence can be sealed two years after the case closes. Though if your case gets dismissed, you may petition for a record seal immediately.³

Record sealing is not automatic in Nevada. If you are eligible, you must go through a formal process that typically takes up to one year.

Once your criminal record is sealed, past convictions and arrests generally no longer appear on ordinary background checks. Plus, you can legally say under oath or in job interviews that you do not have a criminal record (with some exceptions).

5. Related Crimes

• NRS 197.090 – Interfering with a Public Officer
• NRS 197.190 – Obstructing a Public Officer
• NRS 199.010-.030 – Bribing Judges or Jurors
• NRS 199.120 – Perjury & Subornation of Perjury
• NRS 199.210 – Offering False Evidence
• NRS 199.230 – Dissuading or Intimidating a Witness
• NRS 199.240-.250 – Witness Bribery
• NRS 199.340 – Contempt
• NRS 205.090 – Forgery

Also see our related article on subpoenas for witness testimony/depositions in Nevada.

Frequently Asked Questions

Can deleting electronic evidence violate NRS 199.220?

Yes. NRS 199.220 applies to destroying, altering, erasing, obliterating, or concealing any record, writing, instrument, or other thing. This can include text messages, emails, photographs, videos, security-camera recordings, computer files, and other electronic records if the person acts with the intent required by the statute.

In our experience, deleted digital evidence often remains recoverable from another device, an online account, cloud storage, or a service provider. Even if investigators recover the material, the act of deliberately deleting or concealing it may still be used as evidence of the person’s intent.

Must evidence be completely destroyed to violate NRS 199.220?

No. The statute covers more than physically destroying evidence. A person may violate NRS 199.220 by willfully altering, erasing, obliterating, or concealing an item with the intent to hide a felony, protect its perpetrator, hinder the administration of law, or prevent the item’s production.

In our experience, evidence tampering allegations often involve editing a document, deleting part of a video, hiding an object, changing a digital record, or moving evidence somewhere police are unlikely to find it. The prosecution does not necessarily have to prove that the item disappeared permanently.

Can I be charged if I destroyed evidence before receiving a subpoena?

Potentially, yes. NRS 199.220 does not say that a subpoena must have been issued or that a court case must already be pending. A person may be charged if they willfully destroy or conceal an item with the intent to conceal a felony, protect the offender, hinder the law, or prevent the item from being produced before a court or authorized official.

From what we have seen, timing and intent are critical in these cases. Routine disposal of records before anyone anticipated an investigation is very different from shredding documents or deleting footage after learning that police are investigating or that litigation is likely.

Does the prosecution have to prove that the evidence was relevant?

NRS 199.220 does not expressly use the word “relevant” or make legal materiality a separate element. However, prosecutors must connect the item to one of the statute’s prohibited purposes, such as concealing a felony, hiding the offender’s identity, hindering the administration of law, or preventing the item’s production in an official proceeding.

In our experience, this connection can be an important defense issue. If the item had no meaningful relationship to a felony or legal proceeding, it may be difficult for prosecutors to prove why destroying or concealing it was intended to obstruct justice.

Can a witness or third party be charged with destroying evidence?

Yes. NRS 199.220 applies to “every person,” not only the person suspected of the underlying felony. A friend, relative, employee, witness, or other third party may be charged if they willfully destroy, alter, erase, or conceal evidence with one of the prohibited intentions.

We frequently remind people that trying to “help” someone under investigation can create a separate criminal case. A person who did not participate in the original felony may still face a gross misdemeanor charge for knowingly hiding or destroying evidence afterward.

Is accidentally deleting or throwing away evidence a crime?

Ordinarily, no. NRS 199.220 requires both a willful act and a specific prohibited intent. Accidentally deleting a file, losing an object, or discarding something without realizing its connection to a felony or legal matter generally does not satisfy those requirements.

In our experience, prosecutors often try to prove intent through circumstantial evidence, including when the item was destroyed, what the defendant knew, and what the defendant said afterward. Evidence of an ordinary retention policy, automatic deletion, or routine disposal may support an innocent explanation.

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