Consent order restricting criminal records

[dilbert3]

What is the name of your state? Georgia

I was involved in a felony criminal charge and it was finally dismissed, discharging me without an adjudication of guilt. Few months after that, the court entered a consent order restricting and sealing the criminal records. As part of this consent order, the court ordered the crime information center, county superior court clerk and magistrate court clerk, and county sheriff and jail to (a). restrict disseminating the records, (b). seal and make any of these records or files unavailable them to public, and (c). restrict the history record of arrest. However, before the court entered the consent order, someone legally got copies of all this material from the court, and is planning to put that material on his website for public to read and download. By doing so, whether that person will violate the consent order restricting and sealing the criminal records? How can I legally stop that person from doing that, or get that material removed once he publish?

 

[Zigner]

Is the person who is now in possession of the records a party to the consent order? The answer to that will be the answer to your first question.

 

[quincy]

What is the name of your state? Georgia

I was involved in a felony criminal charge and it was finally dismissed, discharging me without an adjudication of guilt. Few months after that, the court entered a consent order restricting and sealing the criminal records. As part of this consent order, the court ordered the crime information center, county superior court clerk and magistrate court clerk, and county sheriff and jail to (a). restrict disseminating the records, (b). seal and make any of these records or files unavailable them to public, and (c). restrict the history record of arrest. However, before the court entered the consent order, someone legally got copies of all this material from the court, and is planning to put that material on his website for public to read and download. By doing so, whether that person will violate the consent order restricting and sealing the criminal records? How can I legally stop that person from doing that, or get that material removed once he publish?

You probably will be unable to stop the publication of records that were not sealed at the time they were accessed. And, if the one disseminating the information was a party to the legal action, their personal court records can be published - unless, as Zigner notes, the one disseminating the information is under the order.

Were you a minor at the time of your arrest/charge?

 

[adjusterjack]

However, before the court entered the consent order, someone legally got copies of all this material from the court, and is planning to put that material on his website for public to read and download.

Why?

 

[zddoodah]

By doing so, whether that person will violate the consent order restricting and sealing the criminal records?

No one who hasn't read the order can answer this intelligently.

How can I legally stop that person from doing that

You'd have to seek an injunction.

or get that material removed once he publish?

If it gets on the internet, getting it removed will be next to impossible. Better to act proactively. Retain the services of an attorney ASAP.

 

[quincy]

https://www.gjp.org/programs/criminal-records/faqs/faqs-expungements/

If you have problems with the publication of sealed or expunged documents, you could find some advice and direction at the Georgia Justice Project, linked to above. There were, as a note, some amendments made to the laws in 2021.

 

[dilbert3]

I was granted first offender status in that case. The person who is planning to publish this on his website is not a party in this case and has no relation with anyone in this case. I don’t know the reason why he is planning to publish. Someone just told me this.

The order specifies:

It is hereby ordered that Georgia crime information center (O.C.G.A. 35-3-37(h)(2)(B) i/c/w O.C.G.A 16-13-2), the XYZ county Superior court clerk and magistrate court clerk (O.C.G.A. 35-3-37(m)), and XYZ county sheriff’s department and jail (O.C.G.A. 35-3-37(k)(2)), to the extent possible by each of them individually and collectively, shall (A). restrict dissemination of the defendant’s criminal records, (B). seal and make unavailable to public the criminal file, docket books, criminal minute, final record, all other records of the court, including this order, and the defendant’s criminal history record information in the custody of clerk of court, including within any index available to the public, and (C). restrict the defendant’s criminal history information of arrest, including any fingerprints and photos taken related to such arrest.

 

[quincy]

I was granted first offender status in that case. The person who is planning to publish this on his website is not a party in this case and has no relation with anyone in this case. I don’t know the reason why he is planning to publish. Someone just told me this.

The order specifies:

It is hereby ordered that Georgia crime information center (O.C.G.A. 35-3-37(h)(2)(B) i/c/w O.C.G.A 16-13-2), the XYZ county Superior court clerk and magistrate court clerk (O.C.G.A. 35-3-37(m)), and XYZ county sheriff’s department and jail (O.C.G.A. 35-3-37(k)(2)), to the extent possible by each of them individually and collectively, shall (A). restrict dissemination of the defendant’s criminal records, (B). seal and make unavailable to public the criminal file, docket books, criminal minute, final record, all other records of the court, including this order, and the defendant’s criminal history record information in the custody of clerk of court, including within any index available to the public, and (C). restrict the defendant’s criminal history information of arrest, including any fingerprints and photos taken related to such arrest.

Okay. What that means is that the records will not be accessible to the public from government sources on a public records search. It does not mean that those who already have copies of the records cannot publish them.

The problems someone might have in publishing these records will come more from any additional text accompanying the publications or, potentially, where the records are published and for what purpose the records are published.

Were you a minor at the time of your arrest?

 

[STEPHAN]

You need an attorney ASAP.

 

[quincy]

You need an attorney ASAP.

Why? There is no law against publishing legally obtained police records and court documents. And there could already be a news report online about the felony arrest.

What sealing of records does is prevent the public from getting these records from a government agency. For example, these records will not (or should not) turn up on a criminal background check. Unfortunately, the records CAN show up on internet websites if the records are mined before they are sealed.

Right now, there has been no publication so there is little that can be done. A court generally will not issue an injunction on publishing something in the future (see: prior restraint). Once published, there are a few actions that potentially could be taken to have the material removed.

Unless the person who has the records uses a threat of publication to coerce dilbert into doing something he wouldn’t otherwise want to do - the threat of which would be a crime - the person is currently just holding onto legally obtained records.

Of course, an attorney could be contacted - but I don’t see that there is anything an attorney can do right now.

 

[dilbert3]

I was not a minor when I was arrested. So, anyone who have copies of these documents, without coerce me into doing something, can publish them and there is no way I can prevent them from getting published at private websites; and there is no way I can get those publications be removed once they are published at private websites?

 

[STEPHAN]

Why?

Only an expert who has all documents can evaluate the case. And if there is a way to prevent the publication, it should be done now.

 

[quincy]

I was not a minor when I was arrested. So, anyone who have copies of these documents, without coerce me into doing something, can publish them and there is no way I can prevent them from getting published at private websites; and there is no way I can get those publications be removed once they are published at private websites?

Thank you for answering my question about whether you were a minor at the time of the incident.

Generally, if a document is obtained legally, it can be published - with a few notable exceptions (e.g., medical records, financial records). And, depending on what is contained in the records, some information must be redacted prior to publication. For example, social security numbers should be redacted and publishing home addresses and phone numbers can be problematic for a publisher. And with some criminal records, victims names need to be redacted.

In addition, any text added to the records that state or imply falsehoods about any individuals mentioned in the records can result in civil (possibly criminal) actions being taken against the publisher.

So there certainly can be legal risks for the careless publisher.

With all of that said, however, courts do not like to issue injunctions to prevent or prohibit speech or to regulate what can or cannot be published.

A private website, on the other hand, might have rules and conditions that prohibit some types of publications on their site. So if criminal records were published in violation of the site’s rules, contacting the website owner to file a complaint can be an effective way to get objectionable material removed.

Do you know of any reason at all that the person who has your records would want to publish them?

 

[quincy]

Something I didn’t think of previously but might be your (unmentioned) concern is the publication of mug shot photos.

If THIS is your concern, there IS something you can do. The link to the Georgia Justice Project that I provided earlier also has a link on how to remove mugshots. See below.

https://www.gjp.org/online-mugshot-removal-in-georgia/

 

[dilbert3]

Thanks so much. I am not concerned about mugshots as they are already removed.

It seems that person simply wants to create uncomfortable situation to me, by anonymously publishing this material at websites located outside of US jurisdiction but still available for internet search in US.

What would be the impact of such publication (on me) when compared to the publication available (from the official court records itself) if there was no consent order restricting and sealing the criminal records?