NCJ Number
13726
Journal
Tulane Law Review Volume: 48 Issue: 3 Dated: (APRIL 1974) Pages: 629-648
Date Published
1974
Length
20 pages
Annotation
REVIEW OF CASE LAW AND STATUTORY PROVISIONS REGARDING EXPUNGEMENT, RETURN, OR DESTRUCTION OF ARREST RECORDS.
Abstract
ARREST RECORDS ARE ROUTINELY SUBMITTED TO THE FBI AND ARE DISSEMINATED TO LAW ENFORCEMENT AGENCIES. PRIVATE COMPANIES AND INVESTIGATORS ARE FREQUENTLY ABLE TO CHECK POLICE RECORDS. THE MERE EXISTENCE OF AN ARREST RECORD CAN LEAD TO EMPLOYMENT OR LICENSING DIFFICULTIES, PROBLEMS IN SCHOOL ADMISSION OR OBTAINING CREDIT, AND AN INCREASED LIKLIHOOD THAT A SUBSEQUENT ARREST WILL LEAD TO HIGH BAIL AND A PROSECUTORIAL DECISION TO PRESS CHARGES. SOME COURTS HAVE GRANTED RELIEF WHEN ARRESTS WERE EITHER UNLAWFUL OR MADE FOR HARASSMENT PURPOSES ONLY, BUT THE JUDICIARY IS IN GENERAL RELUCTENT TO INTERFERE IN THE ABSENCE OF A STATUTE. WHILE SOME STATUTES HAVE BEEN ENACTED, MOST OF THESE DO NOT PROVIDE FOR THE RETURN OF DATA SENT OUT OF THE JURISDICTION. A RECENT LOUISIANA STATUTE AND A PROPOSED FEDERAL LAW ILLUSTRATE SOME OF THE DIFFICULTIES IN LEGISLATIVE REMEDIAL MEASURES.