CRIMINAL PROCEDURE - EXPUNGING THE ARREST RECORD WHEN THERE IS NO CONVICTION

• NCJ Number: 27757
• Journal: Oklahoma Law Review Volume: 28 Issue: 2 Dated: (SPRING 1975) Pages: 377-389
• Author(s): D W ARGO
• Date Published: 1975
• Length: 13 pages
• Corporate Author: University of Oklahoma Press
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE AUTHOR STATES THAT IN THE ABSENCE OF ANY COMPELLING REASON FOR RETAINING AN ARREST RECORD, AUTOMATIC EXPUNGEMENT SHOULD BE PROVIDED UPON ACQUIT.

Abstract

COMPELLING REASON TO RETAIN SUCH A RECORD WOULD HAVE TO BE PRESENTED BY THE GOVERNMENT ON A CASE-BY-CASE BASIS. THE AUTHOR BASES HIS ARGUMENT ON CONSIDERATIONS OF THE INDIVIDUAL'S RIGHT TO PRIVACY, THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE, THE SOCIAL AND ECONOMIC BURDENS OF AN ARREST RECORD, AND THE LIMITED VALUE OF ARREST RECORDS TO LAW ENFORCEMENT AGENCIES AND THE BUSINESS COMMUNITY.