IANAL, but I'm pretty sure the laws around tampering with/destroying evidence are crafted in such a way to make knowingly destroying evidence of a crime — even before that crime is under investigation — unambiguously illegal.
If not, that would be an oil-tanker sized loophole for avoiding prosecution, and I don't think the folks crafting criminal evidentiary law were that dumb.
IANAL, but it is an oil-tanker-sized loophole - as is conducting all your criminal dealings via in-person communications, instead of e-mail.
If you are under a litigation hold, you cannot delete any data. If you are not under litigation hold, and your policy is that you shred all your records every Friday at 3PM... The courts will not hold your lack of records against you.
If not, that would be an oil-tanker sized loophole for avoiding prosecution, and I don't think the folks crafting criminal evidentiary law were that dumb.