Meaning of &quot;Strike from the Record&quot; in legal code? Is there *any* memory/record once &quot;stricken&quot;? By who/what handled/processed? Proof of striking? &quot;Strike the record&quot; (&quot;strike from the record&quot;, &quot;strike that from the record&quot;) is a frequently spoken phrase in legal procedural docudramas. Are there violent connotations historically to the word &quot;strike&quot; as used (very often the term is screamed [at extreme decibels], by my memory), legal repercussions from being strickened? Speaking terminology, are we talking about specifically the delete key or are we burning fires of physical storage, do such operations require write-over how many times, are there standards for the definition of stages of being stricken, otherwise are there rules for storage (how much leaks/security?), is it a vault filing cabinet with what security, is somebody watching somebody securing the evidence struck, are there universal standards for the polices behind the law, is the strickening process recorded, is there a process? Searching https://www.google.com/search?q=%22strike+from+the+record%22 / https://en.wikipedia.org/wiki/Strike_from_the_record / https://www.google.com/search?q=%22strike+the+record%22 / https://en.wikipedia.org/w/index.php?title=Special:Search&amp;search=%22strike+the+record%22 / https://www.google.com/search?q=legal+definition+%22stirke+the+record%22 ...there are limited references to the legal/technical process that the specific verbal statement has the power to enact. There, the search results are repetitive definitions, and not much of an explanation (maybe specific step-by-step process would help, so for my frame of reference I can try to relate to if a computer strikes information similarly, as an issue of data integrity is it at all an appropriate analogous process to help explain? I'm thinking if that's like a question being moderated/censored/deleted/hidden where there are varying levels of access after, for example, with the process being cursorily defined by standards of law and mostly driven by customs. Am I correct to expect the same data integrity standards and principles are applied to cloud and court data equally? Is the court obligated to process/serve/protect/encrypt the striking before/during/after in specific written and agreed upon ways in every court room?) of the process. If you also know, does that mean there is any record? Clearly people might remember, but does the law have any power to remember such stricken information? Is the paper burned, or electronically written over? Specifically the delete key or are we burning physical storage? To what extent, for in or out of court, is there penalty for remembering stricken information? Legal docudrama example as mentioned, shows a physical pen being theoretically used to demarcate. Once the order is made, is that the whole/entire official process?
My understanding is that &quot;the record&quot; only refers to the official record of the proceeding, e.g. the transcripts that would be kept on file and used as the basis for formal decisions. Such records are usually prepared after the fact by a court reporter based on their shorthand notes or audio recordings, so this indicates that the reporter should simply leave out the statement in question when creating those records, perhaps replacing it with a marking saying &quot;(stricken)&quot; or something of the sort. &quot;Stricken from the record&quot; doesn't indicate that the statement is to be kept secret or scrubbed from all history in some Orwellian fashion, merely that it should not be considered in any legal decision-making process (e.g. a judge's ruling). The decision should be made as if the statement had never been uttered. Anyone else in the courtroom -- lawyers, journalists, members of the public -- is free to remember it, write it down, publish it, shout it from the rooftops, or etch it into stone tablets, if they wish. No penalties exist for doing so. I also don't think there is any requirement to delete it from the court reporter's preliminary notes or audio recordings; again, only from the final official transcript. (There could be other situations where it is forbidden to record or divulge what was said: secret grand jury proceedings, material under seal, gag orders, etc. But those would all require some sort of regulation or order outside the usual meaning of the phrase &quot;strike from the record&quot;.)
&quot;May&quot; means &quot;is possible&quot; and not &quot;is necessary&quot;. The specific law does not say anything about a person doing A, B or C and it does not say that if you do one of A, B or C then something mandatorily follows. It asserts that certain types of documentation &quot;can&quot; be used as evidence supporting the proposition that the applicant did not disrupt continuous residence, but it also asserts (without giving any further hints) that other things may be used. This law does not state necessary or sufficient conditions for establishing undisrupted continuous residence. It is not hard to construct a scenario where a person moves back to their home country and ran for public office there, but failed to quit the US job. In light of compelling evidence that they actually moved back home, failure to quite your US job is not proof that you remained in the US. Proof resides in the totality of evidence, not just the admissibility of a single fact. Doing one or more of (A-D) is no guarantee of anything.
We cannot and will not try to answer &quot;what should i do?&quot; questions here. Nothing in the linked page makes me think that the views expressed in the previous question here are any less correct. They certainly have not changed the law on copyright. The linked page is an open forum. Many of the posts o9n that thread express ill-informed and incorrect views of how copyright works, and what it protects. Several google searchs find no trace of the suit described in the thread. Note that in US law no copyright claim may be heard in a small claims court, except for the federal copyright office's small claims tribunal. I am not sure if the same is true in Canada, but it might be that the suit was simply dismissed on such a basis. In any case small claims cases do not establish legal precedents in Canada or the US. Of course it is true that anyone can sue over almost anything, even when there is no valid legal basis for the suit. If the suit had been won by the claimant, or even settled that would be larger grounds for worry. A person seriously worried over publishing a book such as that described in the question might do well to consult a lawyer with relevant expertise. A single consultation plus an opinion letter might not cost very much. But 17 USC 102 (b) is very clear that copyright never protects facts, as are the copyright laws of other countries. Note that reports of the events of sports matches are not protected by copyright, although expressive language and analysis may be. 17 USC 102 (b) reads: (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. Article 2 paragraph (8) of the Berne Copyright Convention provides that: (8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information. There seems little room for copyright protection of the moves of chess games.
To be very straightforward, yes, a police department would very likely have records of their past interactions with you in the form of police reports. They cannot just throw them away because it's been scrubbed from your public record. They detail the interactions the police officer had with you. That being said, those records would not show up in a general inquiry into your record, because those records are meant to protect the officer and the department as a reference point they can go back to in case some dispute arose in the future. If a police officer really wanted to find them, they'd have to do a bit of digging for them. The difficulty in finding them would depend on what system the particular police department uses to store those records. Smaller departments may just file them in a cabinet somewhere, whereas larger ones may actually have their own searchable database. But a traffic cop out on the street is only gonna see what you're seeing at the DMV - nothing. There is also a formal NCIC database, but traffic violations would never end up in there. That is a national database that basically stores red flag persons of interest (think stolen vehicles, sex offenders, and gang members). Sometimes multiple departments within a state will share their information with each other, but a department's database is usually kept to that department only. Also keep in mind court records. The court case that had a violation removed under such and such conditions is still gonna be a public record. Those records would generally be available to a judge overseeing your case so if you repeatedly end up in court for the same thing, they're gonna know and they're gonna stop scrubbing it from your record or offerring certain options because you're clearly not learning your lesson. Many laws allow you to have one offense stricken per year and similar stuff like that, but that kind of stuff doesn't just permanently disappear. They have to keep record of it in order to know you've already had your once per year etc. Also a note about parking violations: not all of those are actually issued by police. If it was issued by a private firm then that is not something that would ever show up on your record. It would just be in a database somewhere with whatever private firm issued the fine. Those kind of tickets get sent to collections and hurt your credit score if you don't pay them, rather than affecting your driving record.
Short answer: No. If a court destroys the criminal file due to age, the defendant's criminal record lives on in law enforcement databases, be it local, state, or federal. In San Diego, the Superior Court records are open to inspection. Court case files are public records and subject to public inspection. California Rules of Court, rule 2.400(a) states that all papers in the court files may be inspected by the public in the office of the clerk. Rule 2.550(a) says that unless confidential or sealed by law, all court records are presumed open. However, again, this does not impact a criminal history report retained by law enforcement. To get the conviction literally removed from the criminal history report, the defendant will typically need a court order directing the law enforcement agency to remove the arrest and/or conviction. For example, in California, if the defendant can prove there was no reason to have arrested the defendant in the first place. Specifically, Penal Code section 851.8 (b) requires “any law enforcement agency” to destroy their records. “[Penal Code] section 851.8 is for the benefit of those defendants who have not committed a crime. It permits those petitioners who can show that the state should never have subjected them to the compulsion of the criminal law -- because no objective factors justified official action -- to purge the official records of any reference to such action. . . ...” (People v. Matthews (1992) 7 Cal.App.4th 1052, 1056.) (Emphasis added) In People v. Scott M. (1985) 167 Cal. App. 3d 688, 700 [“Section 851.8 is for the benefit of those defendants who have not committed a crime.”].) Factual innocence may be determined based on circumstances at the time of arrest or any meritorious defense. Recent case law establishes the pivotal time for viewing the evidence is when the motion is heard. The statutory language “necessarily means that the existence of reasonable cause depends on the current evidence rather than simply the evidence that existed at the time that the arrest and prosecution occurred.” (People v. Laiwala, 143 Cal. App. 4th 1065, 1068 &amp; n. 3 (2003) (emphasis added). Keep in mind in California, &quot;expunge&quot; does not mean to seal or destroy, but officially dismisses the conviction - leaving the public record intact. The best place to start is contacting your local public defender and ask about post conviction relief or record sealing if your arrest did not result in a conviction. Getting free advice never hurts.
There are four criteria used today in the United States: The statement was false, but was claimed as true. The statement must have been made to a third, previously uninvolved party. The statement must have been made by the accused party. The statement caused harm. The first (and very important) criterion was discussed in New York Times v. Sullivan, where it was ruled that A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves &quot;actual malice&quot; -- that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false. Pp. 265-292. (c) Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless &quot;actual malice&quot; -- knowledge that statements are false or in reckless disregard of the truth -- is alleged and proved. Pp. 279-283. Quoting Wikipedia and Justice Black, The Court held that a public official suing for defamation must prove that the statement in question was made with actual malice. In this context, the phrase refers to knowledge or reckless lack of investigation, rather than its ordinary meaning of malicious intent. In his concurring opinion, Justice Black explained that &quot;'[m]alice,' even as defined by the Court, is an elusive, abstract concept, hard to prove and hard to disprove. The requirement that malice be proved provides at best an evanescent protection for the right critically to discuss public affairs and certainly does not measure up to the sturdy safeguard embodied in the First Amendment.&quot; New York Times v. Sullivan is regarded as one of the most - of not the most - important defamation cases of the century. It was argued in 1964. If the case you discuss - which I haven't been able to find - occurred after to the ruling, then it could have been dismissed, because A did not intend it as malicious in the sense of defamation (and did not claim it was true), though it was almost certainly meant as an insult. Had this case occurred prior to New York Times v. Sullivan, things might have been different. Non-public officials Things are different for private officials. Those who are not classified as public figures are considered private figures. To support a claim for defamation, in most states a private figure need only show negligence by the publisher, a much lower standard than &quot;actual malice.&quot; Some states, however, impose a higher standard on private figures, especially if the statement concerns a matter of public importance. You should review your state's specific law in the State Law: Defamation section of this guide for more information. Note: There are differences between defamation, libel, and slander; a quick overview is given here: &quot;Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.&quot;
Special regimes For some kinds of questions there are special presumptions or forms of evidence that are specified by statute. For example, in Canada and the United States, registering a copyright creates presumptive proof that the copyright exists and is owned by the registrant. In Canada, breathalyzer results are conclusive proof of the blood alcohol concentration if certain conditions are met. Some of these regimes are not subject to challenge: they are legal facts even if they are not objectively true (e.g. the breathalyser results). Others create presumptions that can be overcome by contrary evidence (e.g. copyright ownership). The default: present relevant evidence, including testimonial evidence But outside of special regimes, you prove a fact by introducing evidence. The default is that all relevant evidence that bears on a material fact is admissible. Evidence is relevant when, if is were to be accepted, it would make the fact in issue more or less likely to be true. Evidence comes in many forms: testimony of the parties or witnesses, documentary evidence, physical evidence, expert opinion evidence. If you are wondering, &quot;How do I prove X?&quot; Ask yourself, why do you believe X? Or, how do you know X? Or, how has the event X left its mark on the world? Whatever has led you to believe X probably is the evidence that you would want to introduce to the court to help prove X. Perhaps you saw X: you can tell the court you saw X. Perhaps you took a photo of X: you can present that photo in court. Perhaps you have a receipt for X: you can show that receipt in court. Perhaps X is a proposition about your own actions: you can tell the court about those. Obtaining the evidence Evidence can be obtained from the other party during the discovery process, or from third-parties using subpoenas, subject to objections relating to relevance or privilege. Not all (potentially) relevant evidence is admissible However, some evidence will be inadmissible despite it being potentially relevant. I will only present a few categories, some very general and some more specific: hearsay (unless it falls within an exception to the hearsay exclusion), privileged material (unless it is a case-by-case privilege or a discretionary privilege and the person seeking to admit the evidence demonstrates to the judge that it should be admitted), sexual history evidence of a sexual assault complainant when it will be used to support an inference that the complainant is more likely to have consented to the sexual activity that forms the subject-matter of the charge or is less worthy of belief (this is because it has been recognized as not relevant for this purpose), material that was obtained in contravention of the Charter and where the court has decided that the remedy for the Charter violation is exclusion of the evidence (in the United States, there is stricter, exclusionary rule), there are many more. There are also some meta-rules about the evidence that may be used to impugn a witness's credibility, themselves at trial to provide evidence, but for now I am leaving those out of this fairly summary answer. Weighing the evidence The trier of fact (the judge or a jury) then is to weigh all the admissible evidence, including by weighing the witness and party testimony according to its credibility and reliability after testing through cross-examination, to come to a conclusion on the ultimate question(s) at issue.
Short Answer Where online can one find a database of convictions that allows one to search convictions by statute section? This doesn't exist. Long Answer Typically, the way the records a kept by the courts in the ordinary course will involve statistical categories that assign one category expressed in words to a case, that may encompass multiple statutory sections or subsections, and that don't capture secondary charges in a case. For example, suppose that someone is charged with robbery, trespassing, burglary, theft, theft by use of a stolen credit card, and tax fraud. In all likelihood, in both most state court systems, and in the federal courts, this would be coded as a robbery cases for statistical purposes, regardless of the actual offenses of conviction. Similarly, the statistical record keeping process might not distinguish between half a dozen different fraud offenses on the books and simply categorize all such offenses as &quot;fraud&quot;. Worse yet, it would be common place for the statistical categories used by the judicial branch to be different from the statistical categories used by the department of corrections. In addition, each local jail would typically have its own separate statistical database for people held in its facility which would not have consistent categories with other databases in the state. At the federal level, the U.S. Sentencing Commission, has yet a third (and most detailed) approach to maintaining these records statistically for federal offenses. Also, it isn't uncommon for there to be more than one set of records maintained independently in a single state. This statistical information is typically reported in an agency annual report and sometimes in additional special reports or responses to legislative inquires (usually for budgeting purposes). For example, in Colorado, criminal cases in state courts are maintained i a common database, but most municipal court ordinance violation cases are maintained in separate municipal court databases for each separate municipal court, with the exception of additional state databases for traffic offenses that count as &quot;points&quot; against your license handled by the DMV, and a separate state database where domestic violence offenses that disqualify someone from gun ownership are registered. In rural lower courts, the record keeping is often solely on paper or is in a computerized database that isn't even connected to the Internet. In urban areas and in federal courts, the records are kept electronically, but still aren't indexed or searchable in the manner you would like. With the exception of the U.S. Sentencing Commission, only commonly charged crimes have statistical categories to assign them to at all, with most crimes on the books which are only rarely prosecuted simply lumped into &quot;not elsewhere classified&quot; or &quot;miscellaneous&quot;. In addition to those records, the U.S. Justice Department does two kinds of surveys each year which use different categories still. One it does directly in a random statistical survey with a large sample size of crime victims. The other is done through an annual survey of most (but not all) law enforcement agencies in the U.S. on a standard justice department form that gets filled out by some police department middle manager or administrator in each responding agency. Murders are also kept track of in an independent vital statistics records maintained by coroner and forensic examiner's offices. U.S. immigration officials also keep a tally of deportable offenses reported to them and actions taken on those offenses. The contents of the mittimus in a criminal case, which is the final summary statement of the precise offenses for which a criminal defendant was convicted, the sentence imposed for each offense of conviction, and the total sentence in light of which sentences are to be served consecutively and concurrently with each other, would generally not be included in a searchable database. There would be a databased from which you could pull the mittimus in a particular case for a particular offender, but the contents of the mittimus usually wouldn't be searchable. Maybe Oregon has better information systems than most, but I doubt it. To get that kind of information, you'd need to do a freedom of information act request or the equivalent (and pay a state employee hefty hourly research fees), or have a legislative committee or administrative officer within the judicial branch or department of corrections authorize the search. All of this information is a matter of public record (except in &quot;sealed&quot; cases). But gathering the information is very cumbersome. There are a couple of social science databases maintained by particular academics, news organizations, or non-profit organizations, for particular purposes on a sporadic and incomplete basis that have some of this information, but the extent to which the manager of those databases will allow you to access that data varies wildly, and often that is also not complete. For example, my small town hometown newspaper growing up, which published weekly, reported the offense of conviction (by name, not statute number) and the sentence imposed, for every conviction in the city's municipal court in the past week, with the name, age, and address of every convicted offender. Often the prosecutor's office, the public defender's office, and the leading criminal defense lawyers in a particular county maintain private databases of this information that is more specific, and is almost never shared.