We are in the process of implementing changes to our internal office computer-generated criminal histories so that we can identify those defendants who have successfully obtained orders of non-disclosure. We want any staff member accessing the information to recognize that they cannot provide information to the general public if an order has been entered.

I was wondering what office procedures anyone else has implemented to prevent the release of criminal histories where an order of non-disclosure is in effect.

We have CLASS software out of Victoria. They developed a change in our program to allow us to click on a "restricted access" button for a particular case. When we do so, it changes the font to a red color and places a checkmark in a narrow column labeled "RA" for Restricted Access. It does this for only the one case and not all cases belonging to a defendnat. When we see the red color and the checkmark, we are reminded that it is a restricted access case.

We use a different program (AS400--does anyone else?????) but we have been working to accomplish something very similar, i.e., converting the green text to red (or a color other than green) with an abbreviation in one of the columns and applying both in a case-specific manner.

Has anyone been asked the question from your clerk's office if the civil case should be considered non disclosed as well; If so-what is the answer

Curious! That very question just came up. Our answer: the contents of the civil file should not be disclosed either. To allow otherwise would seem to undermine the spirit of the law--allowing access at least to a portion of the information subject to the disclosure order. Better safe than sorry.

As an aside, in our situation, the defense attorney obtaining the ND order wanted access to the civil file afterwards. We suggested he file a motion with the trial court (and still wonder why he didn't check all the information out BEFORE obtaining the order!)