Q: Do expungements apply to news agencies?
I had a felony gun charge a few years back. Went through a program and received an expunge & destroy order from a judge.
2 news agencies have removed the story from their site with no knowledge of the court order. A 3rd refuses to remove it. Ive reached out to them and sent the order, but they only added to the story "the charges were expunged" rather than removing the article. They have refused to respond since.
Does the word "destroy" not apply here? Or does my order not apply to news agencies?
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A:
Expungement orders generally apply to public records and how they are accessed by individuals and organizations. However, news agencies operate under different guidelines, especially regarding past public information. While your order requires certain records to be destroyed or sealed, media outlets may have already published the information before the order was granted.
When you received an expunge and destroy order, it legally restricts the availability of those records to the public, but it doesn't always compel news organizations to remove or alter their published content. Some outlets might comply by updating their stories to reflect the expungement, as you've seen with the third agency mentioning that the charges were expunged.
If a news agency refuses to remove the article entirely, you might need to consult with a legal professional to explore further actions. They can advise you on whether additional legal steps are necessary to enforce the terms of your expungement order. Additionally, reaching out to a local attorney who understands media law can provide guidance tailored to your specific situation.
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