Re:Court blocks Inglewood from destroying police disciplinar...
by rak on Thursday December 30, 2021 @02:40PM
(#29740537)
To add to this, a lot of times expungement isn't very useful because there are a ton of private companies that scrape these records (including arrest records) constantly. Some of these companies have business models built around conducting background checks and an unfortunate number of them have business models that rely solely on getting people to pay them to "remove" these records.
Re:Court blocks Inglewood from destroying police disciplinar...
by jcrawfordor on Thursday December 30, 2021 @02:46PM
(#29740633)
Yes, this is a big issue! Part of the reason why e.g. California and other states have introduced "ban the box" legislation to restrict employers asking about criminal history, when they already have an expungement process, is because of this issue exactly. Most pre-employment background checks are done through vendors like LexisNexis that pull records at the time of the incident and then retain them permanently, so expungement doesn't do anything. The whole private background check and criminal records industry can be surprisingly sketchy, including behavior that looks to reasonable people like extortion, but it's resisted almost any regulation or oversight. Some of this comes from an inherent tension between public records and personal privacy (are the actions of law enforcement a matter of public interest or a matter of personal privacy? the line can be very blurry), but a lot of it is also just because this industry is politically and financially powerful and any action against it tends to look "soft on crime."
Re:Court blocks Inglewood from destroying police disciplinar...
by hguant on Thursday December 30, 2021 @02:44PM
(#29740608)
The accused's criminal history comes up more in sentencing than it does in actual criminal cases - in the US system you're being tried on the crime before the court, not anything from your past. There are obvious exceptions - someone who is suspected of murdering their spouse who has prior domestic violence charges is one you see a lot - but in general, that comes up during the sentencing, where the judge has a lot of leeway to tailor the sentence to the circumstances.
It becomes a different matter for people who are charged with crimes and otherwise in court, as courts have rules about what criminal history can or cannot be introduced in the court. There's a general principle that a jury shouldn't know about a person's unrelated previous convictions, since it will bias them towards the person being a criminal despite not actually being evidence relevant to the case in question. But I think there are plenty of exceptions, i.e. if the person has been convicted for pretty much the same crime before it can usually be introduced by the prosecution as circumstantial evidence that they apparently have the skills/means/motivation to commit such a crime. But you can't just tell the jury that they have a rap sheet a mile long. I'm not a lawyer and only know so much about this but I believe that usually pretty much the same rules apply to witnesses. You can bring up that a witness has a criminal record if it's somehow directly relevant to their testimony (i.e. they have lied to a court in the past) but you can't just tell the jury that they have a criminal record to try to ruin their reputation. Although it usually fails in practice, the justice system is at least theoretically built around the principle that people can and do change, and so prior criminality shouldn't be held against them if it isn't somehow contributory to the current situation.