United States v. Seasholtz, 72-CR-87.

• Citation: 376 F. Supp. 1288
• Decision Date: 28 March 1974
• Docket Number: No. 72-CR-87.,72-CR-87.
• Parties: UNITED STATES of America, Plaintiff, v. James E. SEASHOLTZ, Defendant.
• Court: U.S. District Court — Northern District of Oklahoma

376 F. Supp. 1288

UNITED STATES of America, Plaintiff, v. James E. SEASHOLTZ, Defendant.

No. 72-CR-87.

United States District Court, N. D. Oklahoma, Criminal Division.

March 28, 1974.

Nathan G. Graham, Tulsa, Okl., for plaintiff.

Lawrence A. McSoud, Tulsa, Okl., for defendant.

ORDER

DAUGHERTY, Chief Judge.

Defendant moves to have this Court expunge his fingerprints, pictures and records everywhere such materials were produced or disseminated as a result of the above criminal case against him which was dismissed by the Court at the trial thereof. Defendant alleges that his reputation as a general surgeon is being damaged because he finds newspaper allegations in the files of the Retail Credit Bureau, Hooper Homes and American Service Bureau, without indicating that he was acquitted.

The issues are (1) whether and to what extent the Defendant's right of privacy has been and is being invaded by the retention of his arrest records in a case in which a Motion for Judgment of Acquittal was granted by the Court after the Government had presented its case, and (2) how this invasion, if any, should be balanced, if at all, against the Government's legitimate interest in collecting and maintaining arrest records generally for purposes of effective law enforcement.

28 U.S.C.A. § 534 provides:

"(a) The Attorney General shall —

(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; and

(2) exchange these records with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions.

(b) The exchange of records authorized by subsection (a)(2) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies.

(c) The Attorney General may appoint officials to perform the functions authorized by this section."

There is authority that Federal Courts have equity power to expunge arrest records of individuals in extraordinary or extreme circumstances such as illegal arrests or mass arrests or harassment where justice requires. See Kowall v. United States, 53 F.R.D. 211, (D.C.Mich.1971); United States v. McLeod, 385 F.2d 734 (Fifth Cir. 1967); Hughes v. Rizzo, 282 F.Supp. 881 (D.C. Pa.1968) and Wheeler v. Goodman, 306 F.Supp. 58 (D.C.N.C.1969) vacated on other grounds 401 U.S. 987, 91 S.Ct. 1219, 28 L.Ed.2d 524 (1971). But these cases teach that each case must be considered on its own facts and circumstances.

It seems clear, however, that Federal Courts do not expunge arrest records in a normal case unless directed by Statute or the arrest was unlawful. United States v. Rosen, 343 F.Supp. 804 (D.C.N.Y.1972). No Statute has been found which directs expunging. No claim is made by Defendant that he was illegally arrested. In the recent and well reasoned case of United States v. Dooley, 364 F.Supp. 75 (D.C.Pa.1973) the Court stated that it hesitated to expunge records in an acquittal case because of the practical administrative problems and burden which...