Can a newspaper print the details of my expungement? including the details about the arrest? Quotes from the Sherrif? Why get a expungement when they print the whole story on the front page
Simple answer is Yes, they can.
More detailed answer is:
Prosecutors or police officers can access the files after expungement, but only to investigate or prosecute the ex-convict for another crime. Then the old, expunged crime can be brought up to persuade a judge to give the offender a tougher sentence.
And for other entities, the files and their precursors, are readily available.
School districts, for one, can still keep a record of an applicant with a past conviction, even if it is later expunged, and use that as a reason not to hire someone. And Ms. McConnell said some employers still find out about past convictions through victims or "black market" research.
Also, the application for and process of expungement are a matter of public record. ONLY the actual expungement record (what charge is being expunged) and related files are taken out of public view.
Murderers, rapists, and robbers can forget it, even if they become saints. In fact, state law forbids expungement for anyone convicted of nearly all versions of violent felonies and first-degree misdemeanors, nearly all sex crimes, and some felony property crimes.
But there are plenty of gray areas.
Punch a stranger during a bar fight, and your misdemeanor assault charge can be expunged. Punch your spouse, and the misdemeanor domestic violence charge cannot be expunged. That's a big deal for gun buyers, who cannot pass federal background checks if they have any domestic-violence convictions.
And there are big-time property crimes that can be expunged. Those found guilty of stealing tens of thousands of dollars can have their records effectively erased.
Still, even if an ex-convict qualifies, getting a record expunged is not guaranteed under the law. Judges must decide whether the person has been truly rehabilitated and whether sealing the record outweighs the government's interest in keeping it open.
Probation officers perform background checks on those seeking expungement. Prosecutors are consulted for their advice. That is not the case with victims, although some may be contacted to make sure the offender paid any court-required restitution.
During the process any one of these links could be where the newspaper received it's information. And all perfectly legal.
You have no case.
