Criminal Records, Expungement expunged records has public access

[McKoy]

I had a case that was Nolle Prossed and the records expunged. It is now available on the internet. After I informed the web site owners of the expungement information, the refuse to remove it. Do I have the right to sue them?

 

[seniorjudge]

Yes, you can sue them.

You may not win.

What damages do you have?

 

[McKoy]

The damages are, aside from the imbarrassment, someone forwarded the informatin to DFCS who in turn informed me that if my grandchildren were not taken out of my home they would remove them and that I am not allowed to be alone with them, even after showing them the Nolle Prosse and expungement information from the court

 

[McKoy]

DFCS basing decision on old expunged-records

My daughter and her children have been living with me for most of 2 years. Recently DFCS was informed of my 30 yr old Nolle Prossed case that has expunged records, but is on the internet. They got involved and said if the children could not live with me and if they stayed DFCS would remove them. The mother has no income (can't find a job) and has been forced to move out of state to live with another relative, which she did not want to do. I had shown DFCS the Nolle Prosse and expungement letters from the courts. Can I sue them?

 

[Duranie]

What website are you referring too? An expungement does not mean the crime is totally erased from your record in 100% of circumstances. Here is more info. You may not have a case to sue anybody.

An expunged arrest or conviction is not necessarily completely erased, in the literal sense of the word. An expungement will ordinarily be an accessible part of a person's criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. This limited accessibility is sometimes referred to as a criminal record being "under seal." In some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration / deportation proceedings, an expunged conviction that is "under seal" may still be considered as proof of a prior conviction.

http://criminal.findlaw.com/crimes/expungement/

 

[McKoy]

The expungement letter says "...will restrict access to such records only to criminal justice officials for use in a criminal judicial proceedings or criminal investigation."

 

[seniorjudge]

The expungement letter says "...will restrict access to such records only to criminal justice officials for use in a criminal judicial proceedings or criminal investigation."

Once the information went on the internet before it was expunged means that it got a whole new life of its own.