How far back can phone records be subpoenaed?
Asked by: Dr. Chelsie Ortiz MD | Last update: January 23, 2026Score: 4.5/5 (59 votes)
In the United States, there is no set time limit for how far back text messages can be subpoenaed from phone companies or iPhones by the FBI. The government can subpoena past records going back as far as they exist. Most phone companies keep records for 1-2 years.
How difficult is it to subpoena phone records?
Phone records can be difficult to obtain as the phone companies usually fight back against subpoena claims. Make sure you have a valid reason for obtaining the phone records before you begin this process. For instance, if the records hold proof of a crime, this may be considered sufficient cause for a subpoena claim.
Can deleted text messages be subpoenaed?
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 old phone records be subpoenaed?
Phone records can be subpoenaed without notifying the owner in certain legal circumstances, primarily when the records hold key evidence for a case. Courts may issue a subpoena if the records are critical to uncovering the truth in criminal investigations, civil disputes, or other legal proceedings.
How many years back can you get phone records?
Cellular carriers typically keep cellphone records for a limited period, usually ranging from 1 to 7 years, depending on the carrier and the type of data. This includes call logs, text messages, and data usage details. After this period, records may be archived or deleted, but specific retention policies can vary.
Can You Use Subpoena Phone Records In A Divorce?
Are phone records kept forever?
A federal regulation requires landline providers to store call detail records 18 months, but wireless companies store the records for shorter – or significantly longer – periods of time.
Can my phone records be subpoenaed without my knowledge?
Phone records can be subpoenaed without the knowledge of the person whose records are being requested. In these cases, the defendant whose phone records are being subpoenaed must be notified, and a judge will decide if the information is relevant to the case.
Can phone records show text messages?
The phone records you get in response to your subpoena will not give you the content of actual text message conversations. You can only see the time, date, and direction. It is possible to obtain the content of text messages, but it usually requires a court order rather than a subpoena.
How far back can text messages be subpoenaed at&t?
Under the SCA, a government entity must get a search warrant to access electronic communications (such as emails or texts) stored for 180 days or less (relatively new messages).
Can phone records be retrieved?
If you have lost the records sent to you or cannot locate the records online, the best remaining option is to contact your phone provider. They are mandated by law to keep the records, and should be able to provide them to anyone who can prove that they are the main account holder.
How much does it cost to subpoena phone records?
Based on these factors, the costs of complying with a phone records subpoena could range from: $25 – $200 for a basic subscriber information request covering a short period. $500 – $3,000+ for detailed call logs, text transcripts, and other records over an extended period, especially if third-parties are involved.
How far back do AT&T text records go?
AT&T currently stores Your sent and received Messages for up to 90 days. Messages older than 90 days will be deleted from Your Messages cloud storage.
What do subpoena phone records show?
Law enforcement routinely subpoenas cell phone records to obtain call records that might substantiate contact between a suspect and a victim or co-conspirator, obtain text messages which can be used as admissions or provide helpful context to the events surrounding a crime, and use cell phone tower information to ...
How long does T-Mobile keep text messages?
T-Mobile doesn't save copies of texts. Once they're delivered, they're done.
Can I subpoena my wife's phone records?
It is important to understand that while records related to communication, such as date, time, and duration, can be subpoenaed, federal laws prohibit accessing the actual content of the communications in civil cases like divorce.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
How long can phone records be subpoenaed?
In the United States, there is no set time limit for how far back text messages can be subpoenaed from phone companies or iPhones by the FBI. The government can subpoena past records going back as far as they exist. Most phone companies keep records for 1-2 years.
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.
Is there a way to get a transcript of all text messages?
Yes, you can get a transcript of text messages by manually copying them, using a third-party app, or working with a transcription service to convert messages into a formatted document for legal or personal use.
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 long are phone records kept?
Each carrier that offers or bills toll telephone service shall retain for a period of 18 months such records as are necessary to provide the following billing information about telephone toll calls: the name, address, and telephone number of the caller, telephone number called, date, time and length of the call.
Can I see my husband's text messages on T-Mobile?
If you're the Primary Account Holder for your family plan, you can see messaging history (incoming and outgoing numbers and time stamps) for any of the lines on your account - but we don't have records of message content.
What records can be subpoenaed?
- Bank Statements.
- Corporate Documents.
- Account statements.
- General Business records.
- Medical Records.
- Billing Records.
- Inventories.
- Client/Patient Files.
Do lawyers have access to phone records?
Cell phone records can be accessed in civil cases by mean of subpoena.