NYPD, Prosecutors Illegally Using Expunged Criminal Records To Perform Investigations, Ask For Longer Sentences
The NYPD and city prosecutors are using supposedly expunged arrests to push for plea deals, longer sentences, and the denial of bail.
In one case examined by The Marshall Project, a man arrested for being in a vehicle that also contained an unlicensed handgun assumed he'd get cited and fined because of his lack of a criminal record.
Instead, the man (referred to only as J.J.) watched as the city prosecutor produced printouts of expunged charges from back in the PD's stop-and-frisk heyday to argue for a prison sentence.
J.J. had never been convicted of a crime, but the city was presenting records that should have been removed from the system to argue he was a career criminal.
Sgt. Mary Frances O’Donnell, an NYPD spokeswoman, said in an emailed statement that despite the Bronx Defenders’ claims, the department is in compliance with New York’s sealed-records statutes because it does not disclose sealed data to any third parties and only uses the records for investigative purposes, consistent with its public-safety mission.
Using expunged records to argue for heavier sentences is not, by any stretch of the imagination, "using records for investigative purposes."
The fact that the NYPD can pull up sealed/supposedly destroyed records at the touch of a screen is disturbing. It tells officers more than they're legally allowed to know about the person they're dealing with.
As for the "no third parties" claim,
the plaintiffs argue anyone outside of the PD -- like prosecutors -- are very much "third parties"
who should not have access to these records. And they're not the only ones obtaining these records that shouldn't even exist.
The Bronx Defenders has countered that the
NYPD does in fact routinely disseminate sealed data to third parties, including
prosecutors,
the news media and
housing, immigration and family-court officials.
This has left some New Yorkers at risk of losing their homes, getting deported, or
having their children taken from them due to long-ago, dismissed arrests not being properly erased, the group says.
The NYPD has argued the law doesn't actually require it to stop using expunged records this way.
The court, in denying its dismissal, called the NYPD's interpretation of the law "strained."
https://www.techdirt.com/articles/20190804/14433942716/nypd-prosecutors-illegally-using-expunged-criminal-records-to-perform-investigations-ask-longer-sentences.shtml
Just a few bad apples among 10Ks of NYPD copts.