Expungement – Legal News Feed

Jurist

Supreme Court of Canada Mandates Disclosure of Expunged Police Misconduct Records in Criminal Proceedings, Strengthening Accountability and Fair Trial Rights

Pieter Gunst3 weeks ago03 mins

The Supreme Court of Canada’s recent decision mandates that police must disclose even expunged misconduct records if they are pertinent in criminal proceedings, marking a significant development in ensuring police accountability and protecting the accused’s rights. On Friday, the court unanimously concluded that internal police regulatory mechanisms allowing for expungement cannot override the accused’s constitutional…

Law360

Reforming Clemency: Challenges and Opportunities for a Fairer Justice System

Pieter Gunst6 months ago04 mins

The clemency process in the United States has long been criticized for its complexity and perceived biases, long before it became a central focus under President Donald Trump’s administration. Historically, clemency applications have been funneled through the Department of Justice (DOJ), where the Office of the Pardon Attorney oversees a process criticized for being lengthy…

Law360

California Supreme Court Rejects Automatic Expungement of Attorney Discipline Records

Pieter Gunst9 months ago03 mins

In a significant decision, the California Supreme Court has opted against a proposal intended to automatically expunge attorney discipline records. This decision emerges from a complex backdrop of efforts by the State Bar of California to address historical racial disparities in attorney discipline. The plan aimed to serve as a corrective measure by wiping the…

Law360

Colorado Court of Appeals Decision Expands Impact of Expunged Juvenile Records on Sex Offender Registry Requirements

Pieter Gunst11 months ago04 mins

In a recent turn of events, the Colorado Court of Appeals ruled that an expunged juvenile sex offense could be considered in determining lifetime registration requirements for sex offenders. The decision stems from a case where the defendant argued that relying on an expunged record violates both the ex post facto clause and the Eighth…

Bloomberg Law

California Bar Proposes Expungement of Attorney Discipline Records, Balancing Accountability and Rehabilitation

Pieter Gunst2 years ago02 mins

The State Bar of California has taken a notable step toward reform with its recent proposal to the state Supreme Court, seeking approval for a plan that would allow the expungement of certain attorney discipline records after eight years. This initiative underscores the Bar’s commitment to striking a balance between maintaining accountability within the legal…

Law360

“North Carolina Enacts Streamlined Court Filing Process and Considers Attorney Fee Regulations”

Pieter Gunst2 years ago01 mins

North Carolina lawmakers have instituted a streamlined process for state business court filings, aiming to enhance efficiency within the legal system. Additionally, regulations on attorney fees in debt collection lawsuits are under consideration, a move that could significantly impact legal practice in the state. Another closely followed legislative measure proposes easing the attorney discipline process…

Jurist

New South Wales Apologizes for Historical Anti-Gay Laws, Last Australian State to Do So

Pieter Gunst2 years ago04 mins

New South Wales Premier Chris Minns formally apologized in Parliament House on Thursday to all individuals who were convicted or otherwise affected by laws criminalizing homosexuality, which were decriminalized 40 years ago. This makes New South Wales the last Australian state to issue such an apology, following Victoria and South Australia’s apologies in 2016, and…

ABA Journal

California State Bar Approves Expungement of Attorney Discipline Records Under Specific Conditions

Pieter Gunst2 years ago02 mins

In a bid to strike a balance between transparency and privacy rights of attorneys, The State Bar of California’s board of trustees approved a new plan. Under this plan, discipline records of attorneys who have not faced disbarment will be automatically expunged. This initiative aims to ease the professional repercussions suffered by attorneys due to…

Bloomberg Law

Quinn Emanuel Takes Charge in Amazon Returns Class Action and Minnesota’s Cannabis Expungement Board Appoints Leader

Pieter Gunst2 years ago02 mins

Welcome to the daily rundown of top legal news for corporate lawyers, law firms, and in-house counsel. At the forefront is the announcement that Quinn Emanuel Urquhart & Sullivan has been selected as lead plaintiffs counsel in a proposed nationwide consumer class action against Amazon. The case revolves around claims that Amazon has “duped” customers…

Law.com

Navigating Landlord Responsibility Amid Evolving Cannabis Law Landscape

Pieter Gunst2 years ago03 mins

Legal professionals are continuously navigating the balance of responsibility between property owners and their lessee when it comes to illicit cannabis operations. The situation is currently under scrutiny in Los Angeles, where lawyers of an elderly property owner argue that their client was unaware that a tenant was using her property for unlicensed cannabis sales….

JDSupra

Navigating FINRA Amendments: Understanding Expungement Process Changes and Compliance Requirements

Pieter Gunst3 years ago02 mins

On December 14, from 12:00 pm to 1:00 pm EST, a webinar will be held to clarify and explain the recent amendments made by the Financial Industry Regulatory Authority (FINRA) regarding expunging customer dispute information. The webinar is hosted by seasoned law professional Michael J. Charlillo and is particularly noteworthy for legal professionals in corporate…

JDSupra

Expunged Criminal Records in Civil Lawsuits: Novel Discovery Issue and Its Implications

Pieter Gunst3 years ago03 mins

In recent legal events, an interesting issue of discovery has unravelled around the topic of expunged criminal records and their influence in an overlapping civil lawsuit. The primary matter of discussion is based around In re Expungement Petition of Francis A., 2023 WL 5948060, a previously unreported case handled by the Appellate Court of Maryland…

JDSupra

FINRA’s Progressive Approach: A Year of Updates in Securities Dispute Resolution

Pieter Gunst3 years ago01 mins

The Financial Industry Regulatory Authority (FINRA) has had a hectic year. In its vow to operate the most extensive securities dispute resolution forum in the United States, it has undertaken continuous updates to its rules and processes aiming for a fairer, more efficient, and effective modus operandi. There have been five significant developments in the…

JDSupra

FINRA’s New Expungement Rules: Transforming the Financial Industry’s Approach to Record Integrity

Pieter Gunst3 years ago03 mins

As announced, a significant shift in the legal landscapes of financial regulation is slated to occur; the Financial Industry Regulatory Authority’s (FINRA) new expungement rules will come into effect on October 16, 2023. These rules will significantly alter the manner in which registered representatives manage negative customer-related complaints, arbitrations, and litigation. For clarification, expungement is…

Jurist

Spain’s Failure to Implement UN Decision in Garzón Case Exposes Defiance of International Law

Pieter Gunst3 years ago03 mins

A recent development indicates that Spain has failed to comply with international law, as per the findings of a UN Human Rights Committee on Follow-Up Rapporteur. The findings, which have been published, reveal that Spain did not implement the United Nations Human Rights Council’s (UNHRC) decision concerning the case of Baltasar Garzón v Spain. Interestingly,…