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Member |
How do you handle an expunction on one case when the offense report, interviews, and evidence actually cover several cases? I can't believe that we are required to go into each interview and offense report and redact the info on the expunged case, and in some cases, like a theft case where only one item out of many is listed in teh indictment, severing is impossible. | ||
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Member |
If only one case is expunged, then you have to redact references to that case from any other related case files. It's frustrating and time-consuming, but it's what's required. Incidentally, acquittals have an exception where they can't be expunged if they were convicted of or remain subject to prosecution for any other offense out of the same criminal episode. CCP 55.01(c). I don't understand why the same rationale doesn't apply to dismissals. I see why an ordinary dismissal would be subject to expunction, but not where there's no doubt of the person's guilt but simply judicial economy to agree to plea to one and dismiss the others. I don't think those circumstances should legitimately be part of an expunction. (Of course, it can be avoided by an agreement in the plea bargain to waive expunction on the other cases.) | |||
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Member |
I've got several interview recordings where a bunch of stolen stuff is discussed, and suspect was only acquitted of stealing one thing. Do I need to go in and try and edit each of those videos? | |||
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Member |
I've always wondered how expunctions worked. What do you read to get yourself familiarized with this topic. Is there a good book on the subject? | |||
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Member |
TDCAA has a wonderful book, but it's out of print at the moment. I believe a second edition is due out in September-ish. Jeff, I would say that if it's really impossible to go into the tapes like that, I'd just make sure that all references to the tapes and all indexing delete any reference to the expunged case. You just do the best you can. | |||
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