Full question:
I had a DUI arrest in 1983. That record was subsequently expunged in 1997. A client who is trying to discredit me, got a copy of the arrest and expungement for her own personal interest and disclosed that information in open family court. She works for the sheriffs department as a clerical person and her sister in law is head of the court records department.I am quite sure this information was obtained in violation of some law. Am I correct?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: California
Answer:
A court order is needed to unseal expunged records. In cases like defamation, a court may allow sealed records to be opened for evidence if good cause is shown. These records remain confidential and can only be inspected by the court, jury, parties involved, and authorized individuals.
According to California law (Cal. Penal Code § 1203.4), if a defendant completes probation or meets specific criteria, they can petition the court to expunge their record. Once expunged, the individual is released from penalties and disabilities related to the offense, but must disclose the conviction if directly asked in certain situations, such as applications for public office or licenses.
In your situation, if the client accessed your expunged record through their position in the sheriff's department or court records department, it may constitute a violation of the law regarding the confidentiality of expunged records. You may want to consult with a legal professional to explore your options for addressing this breach.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.