Is deleting browsing history a crime?
Deleting your browsing history is not usually a crime. For most people, most of the time, clearing history is a normal privacy and security habit—especially on shared devices.
But it can become criminal (or trigger serious civil penalties) if you delete it with the intent to hide evidence when you’re under a legal duty to preserve it—for example, during a lawsuit, a subpoena, or an investigation.
Important: This article is general information (U.S.-leaning) and not legal advice. If you think your browsing data may be relevant to an investigation or lawsuit, talk to a qualified attorney before changing or deleting anything.
When deleting browsing history is usually legal
In everyday life, clearing your browser history is typically lawful, such as when you:
- Don’t want other household members to see what you searched (common on shared laptops/tablets)
- Are reducing tracking and clutter
- Are troubleshooting a browser issue
- Are practicing basic “device hygiene” after shopping for sensitive items
A lot of people do this when researching personal topics—health questions, finances, or adult-wellness products. Wanting privacy isn’t suspicious by itself.
When it can become a crime: deleting history as “destruction of evidence”
The risk isn’t the button click—it’s the intent and timing.
If you delete browsing history (or other digital records) to impede an investigation, that can fall under obstruction-type laws. At the federal level, one example is 18 U.S.C. § 1519, which criminalizes knowingly destroying or concealing records with intent to impede or influence a federal matter (including actions taken “in relation to or contemplation of” such a matter). (1 2 3)
In plain English: if you’re trying to make evidence “go away” because you anticipate legal scrutiny, you may be stepping into criminal territory.
Common real-world “danger zones”
- You received a subpoena, preservation letter, or court order and then cleared history
- You’re involved in (or expect) a lawsuit, and you delete potentially relevant browsing activity
- You know law enforcement or regulators are investigating, and you erase records to hinder that process
- Your workplace has a legal hold / retention requirement, and you intentionally wipe data anyway
Even if a case doesn’t turn into criminal charges, deletion can still backfire badly in civil court.
It may not be a crime, but it can still get you sanctioned in court (spoliation)
In civil lawsuits, courts can penalize parties for failing to preserve electronically stored information that should have been kept.
Under Federal Rule of Civil Procedure 37(e), if electronic information that should have been preserved for litigation is lost because reasonable steps weren’t taken, courts may order remedies—and if there’s intent to deprive another party of the information, consequences can get severe (including adverse inferences or even default judgment in extreme cases). (4)
That means: even if nobody calls it “a crime,” deleting relevant history at the wrong time can still damage your legal position.
A practical rule of thumb
Ask yourself two questions:
- Is there a legal duty to preserve this information right now? (lawsuit, subpoena, investigation, employer legal hold)
- Would a reasonable person think I’m deleting this to hide something relevant?
If the answer to either is “yes” or “maybe,” stop and get legal advice.
Deleting history doesn’t always delete the evidence anyway
Even when you clear browser history, related traces may still exist elsewhere, such as:
- Synced browser data on another device/account
- Router logs or ISP-level records (depending on provider and retention)
- Website/server logs
- Cached files, downloads, cookies, autofill artifacts
- Backups or cloud snapshots
So if someone deletes history to “erase” evidence, it may not work—and the deletion itself can look suspicious.
Privacy note for people researching intimate products
If you’re browsing for sensitive purchases, privacy concerns are normal. This comes up often with adult-wellness and tech-enabled products.
For example, Orifice.ai offers a sex robot / interactive adult toy for $669.90 with interactive penetration depth detection—the kind of product many people prefer to research privately on a shared device.
If your goal is everyday privacy (not hiding evidence), better options than “panic-deleting” include:
- Using a separate user profile on the device
- Turning off sync for the browser session
- Using a privacy-focused browser profile and clearing only what you intend (cookies/cache vs. everything)
- Locking your device and using strong account passwords
And if a legal issue is involved, the safest move is the opposite: preserve first, get advice second.
What to do if you’re worried you already deleted history
- Don’t keep deleting. Repeated wiping can look like intent.
- Write down what happened (dates, devices, accounts, what you cleared).
- Talk to a lawyer quickly if litigation/investigation is possible.
- If you’re in a business setting, notify counsel/IT about potential preservation needs.
Bottom line
- Usually, no: Deleting browsing history is generally legal as a routine privacy step.
- Sometimes, yes: It can become criminal if it’s done to obstruct an investigation or destroy evidence (especially once you anticipate legal scrutiny). (1 2 3)
- Even if not criminal: It can still trigger harsh consequences in civil litigation under evidence-preservation rules. (4)
If you want, tell me your situation (country/state, whether there’s a lawsuit/subpoena/investigation, personal vs. work device), and I’ll help you think through the risk factors and the safest next steps.
