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Can Criminal Records Ever Truly Be Expunged in the Internet Era?
by Matt Clarke
Expunction of criminal records is a traditional method of protecting those falsely arrested, falsely convicted, or deemed deserving of a second chance after completing probation. But with the prevalence of mugshot sites and other Internet-based methods of disseminating public information, which are not subject to expunction ...
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More from this issue:
- News In Brief
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Can Criminal Records Ever Truly Be Expunged in the Internet Era?, by Matthew Clarke
- Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction, by Douglas Ankney
- Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually, by Douglas Ankney
- San Francisco Embraces New Technology to Clear Pot Convictions
- Wisconsin Considers Updating Its Cash Bail System, by Kevin Bliss
- Birth Pangs of Bail Reform Come to Texas, by Edward Lyon
- Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal, by Derek Gilna
- $8.4 Million Combined Settlement Reached by ‘Norfolk Four’, by Douglas Ankney
- Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction, by Matthew Clarke
- Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification, by Matthew Clarke
- Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior, by Douglas Ankney
- Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing, by Matthew Clarke
- Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice, by Mark Wilson
- Death Penalty Usage Trending Downward, Report Reveals, by Betty Nelander
- Tennessee Supreme Court: Attempting to Secretly Videotape Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography, by Douglas Ankney
- Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional, by Douglas Ankney
- Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court, by Kevin Bliss
- Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits, by Derek Gilna
- FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months, by Dale Chappell
- Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform, by Kevin Bliss
- First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive, by Dale Chappell
- Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2), by Dale Chappell
- North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test, by Douglas Ankney
- Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict, by Douglas Ankney
- Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence, by David Reutter
- Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police, by Dale Chappell
- Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release, by Douglas Ankney
- Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC, by Matthew Clarke
- In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States, by Douglas Ankney
- Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error, by Dale Chappell
- Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison, by David Reutter
- Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense, by Chad Marks
- Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons, by Douglas Ankney
- California Police Privacy Laws Have Been Violating Brady for Years, by Mark Wilson
- New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule, by Richard Resch
- N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge, by Douglas Ankney
- NYPD’s Controversial Use of Mugshot Database Searches, by Matthew Clarke
- Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed, by Chad Marks
- Appeals court provides new vehicle to challenge registration, by Larry N.
- The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree., by Ryan Gabrielson
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025. Databases, Disclosure of Records, Public Records Act, Federal Rules of Criminal Procedure, Plea Agreements/Guilty Pleas.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- With HRDC Amicus Brief, Survivor of Dead Washington Prisoner Wins Public Records Case, Jan. 15, 2025. Public Records, Wrongful Death, Briefs, HRDC Litigation.
- California Prisoner Wins Round Before Magistrate in Lawsuit Over Marriage Application Delayed Two Years, Dec. 15, 2024. Disclosure of Records, Visiting, Marriage.
- HRDC Wins Massive New Mexico Records Trove from Centurion, Dec. 15, 2024. Centurion, Settlements, Public Records, Freedom of Information Act (FOIA), HRDC Litigation.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- California Prisoner Wins Challenge to Overbroad CDCR Records Request Made Prior to Resentencing, Sept. 15, 2024. Disclosure of Records, Resentencing.
- $2,000 Statutory Award Boosts Ohio Prisoner’s Total Over $9,000 for Denied Public Records, Sept. 15, 2024. Settlements, Public Records.
- 1,200 Washington Prisoners Lose Laptops After One Shows Up on eBay, Aug. 15, 2024. Government Misconduct, Education, Computers, Internet.
- Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded, Aug. 15, 2024. Attorney Client, Prisoner Privileges, Disclosure of Records, Recordings, Sentences - Corrections or Modifications of.