If I miss a meeting at work because I forgot to check my calendar, or I don't get some paperwork done when it's time to go home so I never do it, should I go to jail?
There's some serious confusion regarding this matter about what actually constitutes a crime and what is simply not following a work policy. If it was automatically a crime that Clinton used a private email server for government business, they wouldn't need to look at the emails to have made charges.
If the point is just that email records are preserved for prosperity and FOIA requests, Clinton complied with that when she turned the server over.
The truth of the matter here is the Pubbies like Gowdy want to go over everything Clinton in the hopes of finding wrongdoing. I would imagine any member of any Presidential administration would have something wrong if one looked at their every movement for errors or other issues. Hell, Cheney and Bush outright broke the law using the Dept of Justice to try to influence election outcomes and they purposefully hid those actions by using the RNC email server to cover their tracks. That's who should have been prosecuted.
This is a witch hunt and hopefully there are enough non-partisan heads in the FBI that will look at the situation without political motive of keeping Clinton out of the White House.