NCJ Number
58757
Date Published
1979
Length
304 pages
Annotation
IN ADDITION TO A STATE-BY-STATE REVIEW OF PROCEDURES FOR CLEARING OR SEALING AN ARREST RECORD, THIS REVIEW GIVES A PERSON'S LEGAL RIGHTS BEFORE AND AFTER EXPUNGEMENT UNDER THE FAIR EMPLOYMENT PRACTICES ACT.
Abstract
THIS EXPLANATION ALSO COVERS 'LESS THAN HONORABLE' MILITARY DISCHARGES AND GIVES THE LIST OF NUMBER CODES USED ON MILITARY RECORDS AS REASONS FOR LESS THAN HONORABLE DISCHARGES. THE FIRST SECTION OF THE BOOK EXPLAINS PROCEDURES FOR OBTAINING AND REVIEWING RECORDS, ESPECIALLY LOCAL POLICE RECORDS AND FEDERAL BUREAU OF INVESTIGATION REPORTS. SPECIAL ATTENTION IS GIVEN TO PLEA BARGAINING AND ENTRAPMENT AND THEIR AFFECT ON ARREST RECORDS. THE PROCEDURES USED TO OBTAIN, MAINTAIN, AND DISSEMINATE ARREST RECORDS NATIONALLY ARE REVIEWED. THEN THE GENERAL PROCEDURES FOR EXPUNGING DIFFERENT TYPES OF ARREST RECORDS FROM NONCONVICTION RECORDS TO GROSS-FELONY CONVICTIONS ARE COVERED, INCLUDING MOTION AND ORDER PETITIONS AND GOVERNOR'S PARDONS. SUGGESTIONS ARE MADE FOR BETTER, MORE UNIFORM EXPUNGEMENT LEGISLATION. THE STATE-BY-STATE LISTING GIVES DATA ON YOUTHFUL AND JUVENILE RECORDS WHERE AVAILABLE AND NOTES WHEN EXPUNGEMENT LEGISLATION DOES NOT EXIST OR IS INCOMPLETE (IN THESE STATES THE OPINION OF LEGAL AUTHORITIES FROM THE STATE ARE GIVEN). THE LEGAL LANGUAGE IS STANDARDIZED AND SIMPLIFIED WITH STATE CODE CITATIONS INCLUDED. APPENDIXES REVIEW SAMPLE EXPUNGEMENT CASES. (GLR)