Expungement

This case should also be considered as a cautionary tale for anyone who is seeking an expungement. With information -- especially archived information -- so readily available on the Internet, a person may be able to discover an expunged arrest or conviction through a simple Internet search. Furthermore, as the court in G.D. noted,Women NFL Jerseys, "long before the entry of an expungement order,Jacksonville Jaguars Jerseys, information about an arrest and conviction may be compiled by data aggregators and disseminated to companies interested in conducting background checks."

Posted In: Court opinions ,New Orleans Saints Jerseys, Criminal Law ,Milwaukee Bucks Jerseys, Expungement
February 1,Indiana Pacers Jerseys, 2011
The Appellate Division granted both parties' motions for leave to appeal,Carolina Panthers Jerseys, and dismissed G.D.'s claims. It found that because the information in the flyers was true,Seattle Seahawks Jerseys, a defamation lawsuit could not stand. The Supreme Court affirmed the Appellate Division's opinion.
The Court in G.D. wrote that although an expunged conviction is "deemed not to have occurred" under the expungement statute, the statute "does not transmute a once-true fact into a falsehood... Although our expungement statute generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past,Utah Jazz Jerseys, nor does it impose a regime of silence on those who know the truth."

In a case that balanced the competing interests of New Jersey's expungement statute (NJSA 2C:52-1 to -32) against issues of free speech,2011 Super Bowl Jerseys, the New Jersey Supreme Court ruled on Monday that truth is a defense to a defamation lawsuit in which the defendant publicized the plaintiff's expunged criminal convictions.
In G.D. v. Bernard Kenny and The Hudson County Democratic Organization,Denver Nuggets Jerseys, Inc.,Detroit Lions Jerseys, the Hudson County Democratic Organization hired a political consulting firm to oppose a candidate for State Senate. The consulting firm discovered that G.D., a part-time aide to the candidate,Philadelphia Phillies Jerseys, had previously pleaded guilty to possession with intent to distribute cocaine. G.D.'s arrest and conviction were subsequently expunged.
It is a defense in defamation cases to argue that the statement in question was true. Ward v. Zlikovsky,2010 Super Bowl, 136 N.J. 516 (1994). The court in Ward wrote that the truth defense is an attempt to find "the proper balance between protecting reputation and protecting free speech." Id. at 528.
So what good is an expungement if a person is free to publicize an expunged conviction without fear of committing defamation? First, it should be noted that it remains a disorderly persons offense to disclose a person's expunged records. As the Court in G.D. points out,Chicago Blackhawks Jerseys, a person is guilty only if they reveal the information with knowledge that it had been expunged. Second,New York Knicks Jerseys, an expungement may not absolutely prevent anyone from finding out about a conviction, but it certainly makes it more difficult to do so by removing records of an arrest or conviction from certain state agencies.

For these reasons,Buffalo Bills Jerseys, it is important to petition for an expungement as soon as possible. While information may be available on the Internet if the arrest or conviction were the subject of a news story,Anaheim Ducks Jerseys, most employers and other agencies rely on companies that perform background checks. Petitioning for expungement as soon as possible reduces the likelihood that an arrest or conviction could turn up in such a check.
The consulting firm distributed campaign flyers to the public featuring G.D.'s criminal record. G.D. then sued for defamation. The Defendants moved for summary judgment arguing that because the information about G.D.'s conviction was true,Los Angeles Angels of Anaheim Jerseys, there was no viable defamation claim. G.D. also moved to bar the defendants from asserting a truth defense. The trial court denied both motions because discovery was ongoing.

The decision makes it clear that even though an expungement order requires that certain agencies remove a person's criminal record from their file,Miami Dolphins Jerseys, it does not necessarily prevent a private from publicizing such a conviction.






Finally, it is always a good idea to run an Internet search for your name to see what comes up. Although you might not be able to erase information available on the Internet,World Cup 2010 Jerseys, knowing what is out there is the first step toward protecting yourself against damaging information.