Online Criminal Records Impose ‘Digital Punishment’ on Millions

We are pleased to republish this excellent article by Andrea Cipriano, which describes a new study of online non-conviction records, with permission from The Crime Report. The study concludes that law enforcement records may remain freely available online indefinitely, notwithstanding state laws calling for automatic expungement of such records. (For more information on expungement of non-conviction records, see CCRC’s 50-state chart and CCRC’s model law on the subject.)  

Online Criminal Records Impose “Digital Punishment’ on Millions of Americans

by Andrea Cipriano    February 9, 2021

An analysis of Internet data portals that house personally identifiable information (PII) of people involved in the justice system found that compromising information on millions of Americans has been posted online by criminal justice agencies, even if they have not been convicted of a crime.

“Public records…are less likely to reveal information about the criminal justice system itself, and instead more likely to reveal information about people arrested [for] – but often not convicted of – crimes,” said researchers from Rutgers, Loyola Chicago, and UC-Irvine who conducted the analysis.

The analysis, published in the Law & Social Inquiry Journal, concluded that the amount of data accessible online effectively operates as a “digital punishment.” They noted that old arrest and criminal court data is easily accessible because of local law enforcement and court databases, and individuals named in the data have virtually no ability to wipe it from the records.

The researchers, Sarah Esther Lageson of Rutgers University-Newark School of Criminal Justice, Elizabeth Webster of Loyola University, and Juan R. Sandoval of University of California, Irvine, analyzed 200 government websites operated by law enforcement, criminal courts, corrections, and criminal record repositories across the country.

They found what they called an “impressive” amount of personally identifiable information, ranging from photographs to home addresses and birth dates.

The likelihood that this can lead to “identity theft, stalking, discrimination, and harassment” should persuade legislators and justice authorities to develop greater privacy protections, the researchers said.

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Glenn Martin’s “prison-like” White House experience

The Crime Report published this report about Glenn Martin’s recent experience as an invited guest at the White House, described in Glenn’s open letter to the President, giving further details of the treatment he received and describing the Administration’s response.

Glenn Martin’s “prison-like” White House experience

July 2, 2015 09:01:56 am

Two weeks after criminal justice advocate Glenn Martin was nearly denied access to a White House event he was invited to, he’s still waiting for an explanation.

In a widely distributed “open letter” to President Barack Obama last week, Martin revealed that he was required to have a special escort in order to enter the White House complex for a discussion with senior officials on breaking down barriers facing ex-prisoners.

Martin, who is one of the country’s leading advocates for ending those barriers, is an ex-inmate himself. Now head of JustLeadershipUSA, he served time for a robbery conviction 20 years ago—and has since achieved national prominence for his work with former prisoners.

Although he was invited to the meeting, along with a select group of advocates, scholars, elected officials and law enforcement authorities, he was treated as a security risk.

“The staggering symbolism of the ordeal was not lost on me, Mr. President,” Martin wrote in the June 25 letter to Obama and Secret Service Director Joseph Clancy.

“In a country where 65 million people have a criminal record on file, being selectively barred from entering the White House for a discussion about those very same people was as insulting as it was indicative of the broader problem.”

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