NCJ Number
29786
Journal
University of Cincinnati Law Review Volume: 44 Issue: 2 Dated: (1975) Pages: 325-332
Date Published
1975
Length
8 pages
Annotation
IN MENARD (1974) THE DISTRICT OF COLUMBIA COURT OF APPEALS HELD THAT THE FBI'S RETENTION OF AN ARREST RECORD AFTER EXONERATION WAS INCONSISTENT WITH ITS STATUTORY AUTHORITY TO MAINTAIN CRIMINAL IDENTIFICATION FILES.
Abstract
IN TARLETON (1974), THE SAME COURT RULED THAT THE FBI HAS A DUTY TO USE REASONABLE CARE TO AVOID THE DISSEMINATION OF INACCURATE AND INCOMPLETE INFORMATION. IN BOTH CASES, THE COURT REJECTED THE CONTENTION THAT AN EXPUNGEMENT REMEDY ALWAYS BE INITIATED AT THE LOCAL LEVEL AND THE PROPOSITION THAT THE FBI WAS A MERE PASSIVE RECIPIENT OF RECORDS RECEIVED FROM OTHERS. COURT SUGGESTIONS FOR DEFINING THE PRECISE NATURE OF THE FBI'S DUTY TO USE REASONABLE CARE ARE DISCUSSED. THEY INCLUDE REQUIRING THE LOCAL LAW ENFORCEMENT AGENCY TO FORWARD ULTIMATE CASE DISPOSITIONS AND REQUIRING THE FBI TO FORWARD INACCURATE ENTRY ALLEGATIONS TO THE PERTINENT LOCAL LAW ENFORCEMENT AGENCY FOR COMMENT OR CONTRADICTION. ALSO SUGGESTED WAS A RIGHT OF ACCESS TO INDIVIDUAL FILES AND A RIGHT TO PLACE A STATEMENT IN THE FILE CHALLENGING CERTAIN INFORMATION. THE AUTHOR CONTENDS THAT THE INCREMENT IN COST TO THE FBI CONNECTED WITH PERMITTING GREATER ACCESSIBILITY TO ITS CRIMINAL FILES WOULD BE OUTWEIGHED BY THE DECREASE IN INJURY RESULTING FROM THE DISTRIBUTION OF INACCURATE AND INCOMPLETE INFORMATION.