I had a few really bad years with a daughter that was "more" than rebelious... and she was always calling the police on me... saying that I abused her... So... I did not let her go to the hockey game with her boyfriend... he just had her out 2 hours past her curfew the day before... so she calls the cops on me... and says... "Poor me...my mother beat me" and they fell for it... It cost me 9 months of pain.. $5,000 for an attorney... and you have no idea how much pain... How would you feel if your OWN daughter did that to you... My case was presented before a judge.. and my daughter made a foul of herself... I was pronounced INNOCIENT... and my lawyer had my case expunged... SO... why is my record still on the internet... case in point... "www.criminalsearces.com". I recently applied for a job... and this is why I was not hired... THIS IS ILLEGAL... I want to fight this web site.. I want to SUE this website... I will sell my home, my car... my everything.. I want these people taken down.. THEY are displaying illegal information... and it has cost me an indefinate amount of money.. not to mention the embaressment... I want them stopped... and I want them to PAY... CAN YOU HELP ME?"
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Criminal Records, Expungement Expunged records on the internet
- Thread Starter Darlean
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CdwJava
Moderator
They are displaying records that were public records at the time they were retrieved. You do not say what state this occurred in, but in many states an expungement does not mean that the record goes away completely. And in states such as mine, these retrieved public records can be held by the company for up to 7 years, I believe. There may be a way in your state to provide the company with a copy of the expungement paperwork so that they remove them ... hard to say.
Buit, the web company is not responsible for releasing lawfully obtained public documents. Perhaps you can show the prospective employers in the future copies of the expungement paperwork.
- Carl
Buit, the web company is not responsible for releasing lawfully obtained public documents. Perhaps you can show the prospective employers in the future copies of the expungement paperwork.
- Carl
Carl - I agree with what you say but it probably is a good question as to what is the responsibility of an online company that provides public records? Are they required to update their records regularly? Provide clear and conspicuous notice that the records may be incorrect or updated without notice? Notice that the records might be arrest records and do not reflect the ultimate guilt or innocence of the person?
There is a rather lame disclaimer in small print on the bottom of the site:
The data on this site provides only public record information and is intended for your personal use only. Our data should not be relied upon to determine an individual's actual criminal record since the offense listed is sometimes generic and could represent several different charges. Assumptions should NOT be made solely on the offense displayed on this website. This data may not reflect charging decisions made by the State Attorney's Office or the outcome of criminal trials.
Regarding a lawsuit... if you're looking for a start, perhaps the quickest way would be to discuss this matter and file a complaint with your state attorney general. They'd get the motion in place and also set an investigation that could be used for a civil case. Best of luck and sorry to hear about all this misfortune.
There is a rather lame disclaimer in small print on the bottom of the site:
The data on this site provides only public record information and is intended for your personal use only. Our data should not be relied upon to determine an individual's actual criminal record since the offense listed is sometimes generic and could represent several different charges. Assumptions should NOT be made solely on the offense displayed on this website. This data may not reflect charging decisions made by the State Attorney's Office or the outcome of criminal trials.
Regarding a lawsuit... if you're looking for a start, perhaps the quickest way would be to discuss this matter and file a complaint with your state attorney general. They'd get the motion in place and also set an investigation that could be used for a civil case. Best of luck and sorry to hear about all this misfortune.
CdwJava
Moderator
From what I have read elsewhere, the company holding an expunged record is supposed to withdraw the relevant record if presented with a certified copy of the expungement order. The problem is that there are multiple companies that might possess these documents, and aside from the 7 year rule, I think it would be a logistical nightmare to try and verify each year whether an expungement order had been issued for each and every particular record they hold. I cannot even imagine how to begin doing that without spending a LOT of money on records systems and manpower.
- Carl
- Carl
I agree with you Carl. I would think that this presents an interesting question whether society desires that companies should be permitted to make money by publicizing sensitive documents without responsibilities to the concerned individuals. Yes it can be beneficial to have the information out in the open but can also be devastating. Welcome to the information age!
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