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Should expunction burden fall on defendants when charges fall through?

When police and prosecutors make a mistake and pursue charges against a defendant they cannot prove, should the defendant have to pay out of their own pocket to get the records expunged or should it be the state's responsibility?That's the crux of the question raised by HB 293 by Rep. Harold Dutton which was heard in a subcommittee hearing of the House Criminal Jurisprudence Committee this morning. (See the video here starting at the 7 min., 30 second mark.) While some significant questions were raised that could result in the bill's alteration, the legislation was relatively well received and the members mostly appeared to support it.Dutton's bill would require automatic expunction in cases where the defendant was pardoned, acquitted, or the case is dismissed...continue to full post

Full post as published by Grits for Breakfast on March 09, 2009 (boomark / email).