Rogers v. Slaughter, 71-2202 Summary Calendar.
| Decision Date | 21 November 1972 |
| Docket Number | No. 71-2202 Summary Calendar.,71-2202 Summary Calendar. |
| Parties | C. Gary ROGERS, Plaintiff-Appellee, v. S. Morgan SLAUGHTER, as Clerk of the Municipal Court of the City of Jacksonville, Florida, et al., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
James C. Rinaman, Jr., Gen. Counsel, David U. Tumin, C. E. Nilson, Jacksonville, Fla., for defendants-appellants.
Russell H. Showalter, Jr., Duval County Legal Aid Assn., Jack G. Hand, Jr., Jacksonville, Fla., for plaintiff-appellee.
Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.
This case concerns that portion of a federal district court order requiring that all references to a conviction which was overturned on constitutional grounds be struck from the city's official records. We conclude the order was overbroad.
Appellee Rogers, a Duval County public school teacher, accidentally fired a pistol he had brought to school, was subsequently convicted in Jacksonville Municipal Court of "discharging a firearm," elected to pay a $251.00 fine rather than serve fifty days in jail, and soon after tendered his resignation to the School Board.
Rogers sought relief from this conviction in the United States District Court on the ground that he had not been advised of his right to counsel. The Court declared the conviction unconstitutional and ordered that appellants strike and expunge from both the School Board records and the municipality's records any reference to his arrest, trial, or conviction.
Appellants dispute neither appellee's standing nor the lower court's conclusion that the conviction was unconstitutional. They object only to that portion of the order requiring the alteration of public records.
We pretermit, therefore, any consideration of the application of Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), to this case in which only a fine was assessed and assume the correctness of the District Court's determination that Rogers' conviction should be set aside.
The District Court, nevertheless, went too far in ordering the expunction of the official public records. This remedy gave the defendant more relief than if he had been acquitted.
Carrying and discharging a concealed weapon does constitute a crime in Jacksonville, and the Court's privilege to expunge matters of public record is one of exceedingly narrow scope. See, e. g., Herschel v. Dyra, 365 F.2d 17 (7th Cir. 1966); Severson v. Duff, 322 F....
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Doe v. Webster
...United States v. Linn, 513 F.2d 925 (10th Cir.) cert. denied, 423 U.S. 836, 96 S.Ct. 63, 46 L.Ed.2d 55 (1975); Rogers v. Slaughter, 469 F.2d 1084, 1085 (5th Cir. 1972).17 See Stevenson v. United States, 127 U.S.App.D.C. 43, 380 F.2d 590, cert. denied, 389 U.S. 962, 88 S.Ct. 347, 19 L.Ed.2d ......
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U.S. v. Crowell
...74 L.Ed.2d 845 (1983). In contrast, a defendant who seeks expungement requests "the judicial editing of history." Rogers v. Slaughter, 469 F.2d 1084, 1085 (5th Cir.1972). Although "expungement" may mean different things in different states, in general when a defendant moves to expunge recor......
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...because "[t]he judicial editing of history is likely to produce a greater harm than that sought to be corrected." Rogers v. Slaughter, 469 F.2d 1084, 1085 (5th Cir.1972); see generally George Orwell, 1984 (First Signet Classics 1950) Applying the foregoing analysis to the case at bar, I wou......
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...if the facts show a violation of the charged crime, but the conviction was overturned on constitutional grounds. Rogers v. Slaughter, 469 F.2d 1084 (5th Cir.1972) (defendant clearly violated state law, but he was not advised of his right to counsel). The Court may not order expungement of a......
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...limited to expunging the record of an unlawful arrest or conviction, or to correcting a clerical error."). But see Rogers v. Slaughter, 469 F.2d 1084, 1084-85 (5th Cir. 1972) (reversing the district courts expunction of the defendant's records where the defendant was not advised of his righ......