March/April 2007


in this issue
Negligent Hiring, Workplace Violence at Issue in Appeals Case
Drug Use Among U.S. Workers Hits New Low
State Seeks Stricter Sex Offender Laws
Kentucky Purges Misdemeanor Records
Changing Access to Texas Records
InfoMart Introduces New Services
Amy Phillips Named to List of 20 Rising Stars Under 40
Visit InfoMart at an Upcoming Tradeshow




LEGAL UPDATE
Kentucky Purges Misdemeanor Records

A statewide document-retention policy amended to include electronic records, led to the destruction of all Kentucky misdemeanor records dating from before 2001. Previously, only paper court files were destroyed under the policy, which is designed to free up space and save money on storage costs.

Last November, the Administrative Office of the Courts sent several men to the Jefferson County Courthouse in Louisville to haul away all microfilm and microfiche records five years old or older, all of which have since been destroyed.

Prosecutors and judges have decried the document destruction, calling it a boon for criminals. Kentucky prosecutors point out that they have lost a key tool used in sentencing, bond hearings and trials to show that an offender has a pattern of misconduct. And noting that daycare centers and nursing homes will no longer be able to check job applicants for violent misdemeanor convictions over five years old, attorneys say the decision to destroy the records puts the most vulnerable citizens at risk.

The frustration of citizens is equal to that of attorneys throughout the state. Jefferson County deputy clerks say that two or three people a day come to the courthouse after an employer or prospective employer finds out that they were arrested on a charge that was later dropped. Now, many of those individuals are unable to prove the disposition.

In February, the records purge was investigated by a five-member panel appointed by a Kentucky Chief Justice. The panel has recommended 13 policy changes, including that misdemeanor records be maintained for at least 25 years and that the destruction of such records be temporarily halted statewide. A spokesperson from the Administrative Office of the Courts said the panel's recommendations will be taken under advisement.

(Source: http://www.courier-journal.com)