Those that don’t understand expungements in the Criminal “Justice” System have never been caught in it

When some people hear the word “expungement” they get fidgety, uptight, and even angry.  ”There goes another criminal being allowed to lie about his criminal activity!”  For some reason these people believe that once marked should mean always marked.  Funny how these people are the same people doing the marking.  Yep, prosecutors hate expungements – not the every day down in the trenches trial prosecutors – just the ones that get to sit back in big chairs, puff on cigars, and act as if they have contributed to society – those prosecutors.  The same people who have made it their lifetime ambition to work for government and to uphold the truths we hold so dear – these same people balk at the idea of a second chance.  And it is only a second chance…

First, let’s talk about what an expungement is.  It is a judicial and administrative process by which an arrest record is removed from the public records.  It only affects “official” records such as those kept by law enforcement agencies, the prosecutor’s office and the clerk of court’s records.  When granted, these agencies have to physically destroy their records of the arrest and any related documents of the charges that were pursued due to the arrest.  Well, most have to do that.  The Clerk’s office does not destroy their records – they seal them and remove them and any computer records from the public.  The Florida Department of Law Enforcement, which only collects arrest data, removes public access to this data but it is not destroyed.  The big exception is that an expungement does not order private companies – companies that collect public records, organize it, and then sell it to whoever wants it – to remove the data they have collected.  They get to keep publicizing these people’s information all they want.  (FYI – these companies collect data on all of us.  Check out http://www.epic.org for more info)

Second, let’s understand that the law only allows for people to expunge a single criminal arrest record in their entire lives – so it is really only a second chance.  Screw up again and not only will the expunged record be used for sentencing purposes but the new arrest is permanently affixed to that person.  In today’s world, the world of information, a single arrest can make an otherwise productive citizen into a slug, a drain, unemployable.

In Florida, and I suppose in many other states, we have a group of representatives that travel to the capital every year so that they can pass more criminal laws that restrict our behavior.  They never seem to remove any archaic laws but they sure now how to come up with new laws.  This means we are ever more at risk of finding ourselves committing a crime.  I know that sounds silly.  We would never commit a crime, intentionally.  But let me tell you a little story about Florida law that may help you understand the concern I have and the need to have expungements:

In Florida the law requires that you update the address on your license within ten days of moving to a new address (same for a name change).  If you do not change it and you are stopped you could be cited for a non-moving violation of the law and fined.  However, the address change is made very easy for people in Florida who are connected to the internet.  Simply going to the Florida Department of Motor Vehicles and Highway Safety [Department] website, the citizens of Florida can change the address on their license.  A new updated license is mailed to the new address within a week and last time I did this the fee was only $10.  But there is a catch.  You change your address and get your new license – now you have two licenses.  I know, we can put one in our wallet and keep one in our car just in case we forget one – oops, wrong.  Despite the ease with which you can obtain a second driver’s license it is a criminal offense to possess two.  Let me repeat this – it is CRIMINAL to have two or more valid driver’s licenses even if the reason is because you updated your address.  Actually, the key word is “valid” licenses and it is here where a criminal defense attorney’s defense rests but this will not prevent you from being arrested by the police for possessing the two licenses and threatened with a year in jail.

Once arrested your arrest “record” is born.  It does not matter that your case is dismissed or dropped by the prosecutor – you are marked.  Possessing two licenses is one thing but let’s say you let your kooky neighbor borrow your lawn mower.  He says he will return it the next day but never does.  Months go by and you ask him for it repeatedly with no response.  So one warm and sunny Saturday morning, with birds singing in the air, you notice your neighbor’s garage door is up and you decide to get your mower back.  It’s yours, right.  Now your kooky neighbor gets real angry you entered his garage and he calls the police.  They come and investigate and you tell them exactly what you did – how could you be in the wrong.  Unfortunately, your kooky neighbor claims ownership and you are arrested for burglary of a dwelling.  What!  Burglary?  Yep, booked into the jail and marked with burglary.

Something as innocuous as getting your lawn mower back can put a mark on you that can be devastating.  Lenders, potential employers, and your son’s or daughter’s high school administration will all look at a burglary arrest (or any arrest) in the worst of light despite the facts and despite the knowledge that it was dropped.  This is why we need to have the ability to expunge criminal arrest records.  These things happen all the time and for most people, until it happens to them, they will not believe it – but when it does happen that person’s eyes are forever opened (with the curse of having to keep their epiphany forever sealed behind closed lips).

This is why expungements are a good thing.  It is a law, among many, that actually tries to correct the mistakes of an ever increasingly onerous government in an ever increasing information age.

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This is the Blog post for Eric J Dirga PA. To the right you may see a list of “Current Blogs.”  Feel free to comment on any of them – I will respond.  I really don’t think what I write or think about is that profound or that anyone in their right mind would care to take time to read it, however I do have a website that I am personally invested in and a blog definitely helps keep it humming.  Please bear this in mind as you peruse the ramblings (I would much rather have a blog on Scuba Diving but it don’t pay da bills).  Visit http://www.ejdirga.com for more information.

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