Can lawyers retrieve deleted text messages?
Asked by: Janice Reilly | Last update: January 18, 2026Score: 4.3/5 (54 votes)
Once deleted, the content is generally considered lost. The only possible way to recover lost or deleted text messages by hiring a forensic investigator to inspect the phone. This can be very costly, but it is worth it if important information is obtained.
Can deleted text messages be recovered by law enforcement?
You may think that when you have deleted a text message, it is gone forever. But that is not actually the case. In many cases, the police are still able to download text messages from your phone, even when you have deleted them.
Are deleted text messages recoverable?
Fortunately, there are ways to retrieve them. From restoring backups to using recovery software, plenty of options are available to help you get your messages back: Enable Google Drive backup to automatically save your messages to the cloud.
How far back can you subpoena deleted text messages?
Generally, you can use text messages as evidence as far back as two years or more, depending on your jurisdictional regulations and if the messages are relevant to the case.
Can a private investigator retrieve deleted text messages?
Messages can often be found again using investigative methods, even after the user has deleted them, as long as they haven't been physically changed.
LIVE NOW: President Trump speaking now on Laken Riley Act
Can deleted text messages be used in court?
Deleted text messages can potentially be subpoenaed, but the success of retrieving them depends on various factors. When a text message is deleted, it may not be immediately removed from the phone's system and could still be recoverable.
Can you get records of deleted texts?
Method 4: Contact your carrier
If you really need those deleted text messages and the above methods haven't worked for you, consider contacting your phone carrier. Some companies keep a record of your text messages, although you might need a court order to gain access.
How do lawyers get old text messages?
An attorney can obtain a court order or subpoena to get the records directly from the service provider. However, there are limitations on what the provider can produce. Federal law makes a distinction between “content of the communication” and “records concerning the communication.”
Are deleted texts permanent?
Deleted messages and attachments remain in the Recently Deleted folder for 30 days, but you can permanently remove them before that.
How hard is it to get a subpoena for text messages?
Subpoena for text messages is a difficult area of discovery practice. The fact is that the service provider, absent some bizarre situation, does not store the information, so obtaining text messages really must come from the opposing party.
Can deleted iMessages be subpoenaed?
Text messages, yes… your carrier can be subpoenaed and they will provide everything. iMessages, no… these are encrypted and therefore Apple doesn't have the ability to provide this information to anyone.
How to permanently delete text messages so they can't be recovered?
A factory reset restores your Android device to its original system state by erasing all data, including messages, apps, and personal settings. This method is effective for permanently deleting all messages but should be used with caution. A factory reset will erase all data on your device.
Can text messages be traced after they are erased?
Deleted text messages are usually retrievable from a phone, but before beginning the process, law enforcement officers would need to obtain a court order. Once obtained, officers can use mobile device forensic tools (MDFTs) to extract any data from a device, including emails, texts, images and location data.
Can deleted text messages be brought back?
Recover via Google Account: If you previously enabled the SMS backup feature on your Android device, your Google account may have backed up your text messages. Open your Android phone settings. Click the "Google" option. Go to "Backup" and check if there is a backup of your text messages.
Can forensics recover deleted text messages?
Live and deleted text messages are the most popular form of cell phone evidence recovered and admitted in civil and criminal cases today. Text message forensics is the science of recovering the evidence they hold for admission into the court record for adjudication of disputes.
Can you recover permanently deleted text messages?
Use third-party data recovery software
A lot of third-party data recovery software can access hidden data, such as deleted text messages waiting to be overwritten. If no new data replaces your deleted texts, you can recover deleted messages by using data recovery apps.
Are deleted messages really gone?
When you move messages around or delete them, the data actually stays put. All you're doing is telling the phone to point at the files in different ways. Deleting a message from the inbox, for instance, just tells the phone not to point to it any more when it's listing the contents of that folder.
Are deleted text messages stored anywhere?
Locate your deleted text messages
All your deleted text messages can be found in the Messages app. To find your trashed messages, open Messages and tap the Edit option at the top left. Then tap Show Recently Deleted.
Can deleted texts be recovered for court?
There is no way to to recover deleted messages without a law enforcement agency or lawyer submitting a subpoena, warrant or court order.
Do text messages hold up in a court of law?
Any texts that you write, even if you try to delete them, before or after an arrest may also be used against you in a court of law. The government must have authority to obtain the texts, the texts must be authentic, and the texts must be relevant to the charges filed.
Are deleted text messages discoverable?
Typically, any deleted texts are long gone by the time a lawsuit is filed. An effective way to obtain the messages is to physically possess the phone from which they were sent or received.
How far back can you retrieve deleted text messages on an iPhone?
You can recover deleted text messages you deleted on your iPhone. You can restore messages you deleted for up to 30 days. Go to the Messages app on your iPhone.
Can you find someones deleted text messages?
How to Retrieve Deleted Text Messages. On Android, go into the Google Drive associated with the phone and look for deleted texts in the backup folder. On iPhone, see if a backup exists in the phone's iCloud account, then restore the phone to read old texts.
Can I retrieve deleted messages?
If you activated Google Drive backup, you will find the deleted messages. Otherwise, need to rely on third-party data recovery apps to retrieve deleted text messages on Android.