My new DA wants to make sure we are handling expunctions properly. The old DA would give our file to the District Clerk's office and delete everything from our case management computer system relating to the expunged case. Now when somebody calls about an expunged case we literally have no record of the case ever being in our office. We are wondering if we should leave the case information in our case management computer system, but clearly mark the information as being expunged (and do not release to the public). Please tell me the practice in your offices. We don't want to violate the rights of any person who has a crime expunged, but are we really supposed to look that clueless when somebody asks about an expunged case (particularly the defendant)?

In my office we create a new file folder with the trial cause number, the expunction cause number, the word EXPUNGED, and nothing else. We remove everything from the computer except the cause number, then add in the expunction cause number and the word EXPUNGED. That way we still have a file, it just doesn't ID the perp, err, Defendant, or the case.

We once had to dismiss a family violence assault CBI because the victim changed sides,then changed States of residence. The perp, err, Defendant, had the record expunged. He then applied to be a foster parent for Children's Protective Services and disclosed his arrest to them. CPS demanded to see the offense report, but he had lost the papers the District Clerk gave him from the PD and my office. He came around my office and the PD crying for a copy of the offense report so he could be a foster parent, and we got to tell him "Sorry, you had a District Judge order us to turn over all our records about that arrest, and we did." So CPS lost a potential foster home

Per CCP Art. 55.03, when the order of expunction is final, the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited. I have always interpretted this to mean that the prosecutor may not maintain a record of an expunged file. For this reason, our office strictly construes the availability of expunction. We oppose many more expunctions than we allow.

Like your office John, our office also requires strict compliance for all expunction petitions. The point raised by you is an interesting one. Do many offices maintain internal-only lists of expunged cases? It would seem to be the logical way to track the status of expunctions. While no details of expunged cases should be maintained, surely keeping a list of the civil cause numbers alone does not offend the law?

Strict compliance here. It's that whole class B thing.