AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Expungement
Statute which permitted
expungement and destruction of arrest records for misdemeanors but not
for felonies did not violate equal protection since the classification
was rationally related to legitimate governmental interests. The retention
of felony arrest records, the court noted, is useful in uncovering criminal
conduct, in setting bond, and in facilitating the work of correctional
institutions. State v. Expunged Record No. 249,044, No. 2003-KA-1940, 881
So. 2d 104 (La. 2004). [N/R]
291:39 Update: Connecticut Supreme
Court overturns intermediate appeals court ruling which would have required
physical destruction of arrestee's arrest record based on dismissal of
charges and expungement of record, despite his filing of a notice of his
intent to sue the town for false arrest Connecticut, State of, v. Anonymous,
237 Conn 501, 680 A.2d 956 (1996).
284:118 Town was not entitled to disclosure
of arrestee's arrest record, despite his filing of notice to bring false
arrest lawsuit when charges against him had been dismissed, he had properly
requested physical destruction of the records, and Connecticut state law
only allowed disclosure of such records to a "defendant" in a
pending lawsuit Connecticut, State of, v. Anonymous, 654 A.2d 1241 (Conn
App. 1995).