All State Department officials are required to sign a form when they leave office stating that they returned all their work-related documents back to the government. Although Clinton becomes a private citizen after ending her term as secretary of state on February 1, 2013, there is no evidence she signs such a form. Those who sign the OF-109 form acknowledge they could be subject to “criminal penalties” for not turning over the documents.
In March 2015, Jen Psaki, a State Department spokesperson, will say, “We have reviewed Secretary Clinton’s official personnel file and administrative files and do not have any record of her signing the [form]. […] I think we’re fairly certain she did not.” Psaki also notes that Clinton’s predecessors as secretary of state also don’t seem to have signed the form.
A State Department manual declares that “a separation statement will be completed whenever an employee is terminating employment,” but Psaki says there is no penalty for not signing the form. (Politico, 3/17/2015)