Erased arrest records: libelous to mention?

Friday, August 10, 2012

Legal scholar Eugene Volokh notes on his Volokh Conspiracy blog that the New Jersey Supreme Court has held that for criminal convictions, “the expungement statute does not transmute a once-true fact into a falsehood,” and “does not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary.”

But what about arrest records? In Connecticut, Volokh reports, a new lawsuit appears to claim that “whenever anyone has an arrest record erased, the newspapers have to remove the statement about the arrest from their online archives.”

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