Whether a criminal defendant's name should be removed from the criminal court book index when his record is expunged, and a separate index established to conincide with the sealed record book. Should not be destroyed , but masked. Could establish as separate index. 16-93-502 16-93-301

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERABN NO. 85~94 March 25, 1985 John Sanford Prosecuting Attorney West Main and Arkansas Avenue Russellville, AR 72801 RE: Expungement of Defendant's Name Dear Mr. Sanford: Your.office has requested an official opinion as to whether a criminal defendant's name should somehow be removed from the Criminal Court Book index when his record is expunged, and a separate index established to coincide with the sealed record book. As you know, pursuant to Ark. Stat. Ann. §43-2340(g) and §43-1231 (Repl. 1977), The term "expunge" shall not mean the physical destruction of any official records of law enforcement agencies or judicial officials. Therefore, under no circumstances should the name be obliterated, erased, or “whited out" in the index. However, since the defendant's record has been expunged from the regular docket book, the index entry should be masked from view in - some way so that it could not be read but would still be available to the proper authorities as mandated by statute. In turn, it would be proper to establish a separate index to coincide with the book which contains the expunged records. Of course, this index would not be available for public inspection. It is certainly not the function of this office to mandate to the circuit clerks how they will organize and carry out their administrative duties. That direction rightfully belongs to the “Judicial Department. Therefore, the actual manner by which the clerks accomplish John Sanford Page 2 March 25, 1985 the expungement process should be addressed with the advice and counsel of the Judicial Department staff. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney Gener al Elizabeth Dowling. jsc:ED:dc Sincefely, p Attornkby General