Records once held only in paper form by law enforcement agencies, courts and corrections departments are now routinely digitized and sold in bulk to the private sector. Should the sale of these records be stopped? Related Article.
There are two essential points of view on this question: a practical and an ethical. If it is no longer posible to erase an information, because information is no longer on a document, that you can tear up, then it can no longer be an option to expunge criminal records. So rewriting history is not practically possible anymore — and thus the ethical question — should anyone have that right? I think that the question is not proper and misleading.
I never spent more than the night in jail but I was deined federal jobs that I was qualified for due to 2 seperate arrests. One of which was because of the fact that I was black and listening to NWA in a white suburb of new orleans. This is an issue about which, we should all be contacting our elected representatives! Who ever sells personal records — no matter where they come from — must be held accountable for the correctness and pay damages for distributing incorrect or expunged records. Very interesting article!
The world has seem to forgotten we all make mistakes. Of course the general public does NOT know this until they are caught or falsely accused of a crime. A felony is not what a felony use to be. Take Texas for instance.
Got Priors? How to Expunge Criminal Records
How on earth could non-conviction records, that clearly state, case dismissed-no finding of guilt be sold out to all these database agencies like Public Data? As college kids pour out of colleges trying to find employment guess what? They are finding years of hard work and hard earned money is going down the drain!!! Wake up America! Take the sex offender registry.
Never miss a beat.
Heck yes there are real evil perverted monsters out there, but! Does anyone realize that hearsay alone will nail your butt to the wall? Well warning my friends, in Texas they are arresting year olds over pure hearsay!!
So now what? Will this child ever have a life after being deemed a sex offender? What about all these young boys who were stung for having consensual sex, popping a bra strap, touching outside the clothing? Is this worth ruining some ones life over and putting them on a sex offender registry?
How the hell are these people suppose to support themselves? I think its time for truth to be told in America!!!
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Arrest records alone will nail your butt to the wall, what happened to America land of a second chance? Bah Humbug! What are the boundaries of data privacy? If we choose not to fight for the rights of those who have been incarcerated, can we legitimately object when our own records are auctioned off? For example, a hospital has a record of your stay. It was related to a serious problem that may recur. You get new heath insurance, and you do not disclose the previous illness.
But the insurer finds out, since it has paid to access what are ostensibly confidential records, and the insurer denies you coverage.
Expunged Criminal Records Live to Tell Tales
Or: for whatever reason, your DNA is sequenced and recorded. Your insurer gets their hands on the information through illegitimate means. They find your genetics may predispose you to expensive illnesses. They deny you coverage, or cancel your existing coverage. The court will then decide if the juvenile can be found competent or restored to competency after classes, or if they are permanently incompetent.
Continued Custody Hearing - if a juvenile is taken into custody, much like when an adult is arrested, but not released back to their parents, a hearing must be held within three days. This hearing is the continued custody hearing. Defense Attorney - the lawyer who works for a juvenile accused of committing an offense. Delinquent Act- a delinquent act is an offense that would be a crime if committed by an adult.
Criminal Records Erased by Courts Live to Tell Tales - The New York Times
Disposition - similar to sentencing in adult court, the Judge will decide at disposition what sort of treatment, supervision, or rehabilitation the child needs- such as community service, restitution, probation, or placement in secure care. Diversion - program run by the district attorney as an alternative to being prosecuted in juvenile court. If the juvenile successfully completes diversion, they are not adjudicated for that offense and the case against them is dismissed.
Drug Court - a program within the juvenile court system designed for juveniles who are substance abusers. Expungement - process to have the records of an arrest or a finding of delinquency destroyed. If your record is "expunged" no record of ever having been involved with the juvenile court system will exist.
Felony Grade Delinquent Act - an act that would be a felony if it were committed by an adult. An act is a felony for an adult if it could be punished by hard labor - that is, by being sent to a state prison. Youth cannot be punished at hard labor, but it is still sometimes important to know whether an act is felony-grade or misdemeanor-grade. IDB - short for indigent defender board. This term is commonly used to refer to the attorney the court appoints to represent the juvenile. Misdemeanor Grade Delinquent Act - an act that would be a misdemeanor if it were committed by an adult.
An act is a misdemeanor if it is not a felony - that is, if it cannot be punished by hard labor for an adult. They are updated only fitfully, and expunged records now often turn up in criminal background checks ordered by employers and landlords. Thomas A. Wilder, the district clerk for Tarrant County in Fort Worth, said he had received harsh criticism for refusing, on principle, to sell criminal history records in bulk. Private database companies say they are diligent in updating their records to reflect the later expungement of criminal records.
But lawyers, judges and experts in criminal justice say it is common for people to lose jobs and housing over information in databases that courts have ordered expunged. These critics say that even the biggest vendors do not always update their records promptly and thoroughly and that many smaller ones use outdated, incomplete and sometimes inaccurate data. Lida Rodriguez-Taseff, a lawyer in Miami, tells her clients that expungement is a waste of time. Rodriguez-Taseff said. Judge Stanford Blake, whose court often enters expungement orders, said his inability to make them effective had left him feeling frustrated and helpless.
The rise in the availability of criminal histories has been accompanied by a surge in demand for them. Since the attacks of Sept. But the current system, Ms. Mukamal added, is not working. ChoicePoint, one of the larger database companies, performed nine million background checks last year, said Matt Furman, a spokesman. Furman said.
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There have been only a few lawsuits taking issue with the information provided to employers in background checks. In one, filed in June in federal court in Brooklyn, Victor Guevares sued a company that had offered him a job and a database company that he says caused the offer to be withdrawn. Guevares, now 33, was convicted of disorderly conduct more than a decade ago. New York considers that a violation like a traffic infraction rather than a crime and bars database companies from reporting such offenses to employers.
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View all New York Times newsletters. But Acxiom, a database company, reported the disorderly conduct charges to the Tyco Healthcare Group, which had offered Mr.
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