Expungement, Defamation and False Light: Is What Happened before What Really Happened or Is There a Chance for a Second Act in America?

Journal Article
Clean Slate
Topics:
Collateral Consequences
Criminal and Juvenile Records
Records Clearance, Expungement, and Sealing
Reentry population:
Adults
Date:
Source:
Loyola University Chicago Law Journal

Expungement, Defamation and False Light: Is What Happened before What Really Happened or Is There a Chance for a Second Act in America?

This article, from the Loyola University Chicago Law Journal, addresses the problems faced by individuals who have been harmed by the continued availability of media reports of criminal records that have been expunged, and explores possible remedies.

The author briefly surveys representative state expungement statutes, demonstrating that even the most robust expungement protocols do not accomplish their goal because it is simply impossible to erase the record of an arrest, charge or conviction. The author considers whether it is possible to prevent access to criminal records or to control publication of such information in the first instance.

The article proposes that media outlets adopt policies under which, in certain well-defined circumstances, they would voluntarily publish addendums explaining that the charge reported has been expunged or dismissed or the individual has been pardoned. Journalists do adhere to voluntary ethical guidelines.