United States v. James P. Linn, 513 F.2d 925 (10th Cir. 1975). · Go Syfert
United States v. James P. Linn, 513 F.2d 925 (10th Cir. 1975). Cases Citing This Book View Copy Cite
178 citation events (64 in the last 25 years) across 55 distinct courts.
Strongest positive: Rivard v. Windham County States Attorney (vtsuperct, 2026-05-21)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Rivard v. Windham County States Attorney
Vt. Super. Ct. · 2026 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 (1975).
discussed Cited as authority (rule) Betters v. Moe
D.R.I. · 2025 · confidence medium
The Court briefly notes that its equitable discretion to expunge an individual’s government files – especially a prisoner’s disciplinary record – is narrow. , 834 F.2d 1093, 1098 (1st Cir. 1987) (citing , 513 F.2d 925, 927 (10th Cir. 1975)).
discussed Cited as authority (rule) In Re: Expungement of Record of N.B.
wvactapp · 2024 · confidence medium
Here, the charges against N.B., and subsequent jury verdict finding him guilty of second- degree murder, were not based upon DNA evidence, but were based upon the sworn statements of Mr. Dement.13 Moreover, as noted by Prosecutor Plymale during the October 12 See, e.g., U.S. v. Schnitzer, 567 F.2d 536, 539 (2d Cir. 1977) (“[T]he power to expunge is ‘a narrow one, … [and] should be reserved for the unusual or extreme case.’”) (quoting U.S. v. Linn, 513 F.2d 925, 927 (10th Cir. 1975)); U.S. v. Smith, 940 F.2d 395, 396 (9th Cir. 1991) (“[Expungement] is a narrow power, appropriately u…
examined Cited as authority (rule) United States v. Trzaska (10×) also: Cited "see"
10th Cir. · 2019 · confidence medium
If a movant is successful in making this factual showing, the district court is obliged to balance “the interests of the State in maintaining records for law enforcement against the individual’s rights.” Bromley, 561 F.2d at 1364 ; see id. (vacating the grant of an expungement motion because “the district court apparently did not” “balance the equities and exercise discretion”); Linn, 513 F.2d at 927 (noting with apparent approval that “[c]ertain of the cases call for a ‘balancing’ of the equities between the Government’s need to maintain extensive records in order to aid…
discussed Cited as authority (rule) Doe v. United States
2d Cir. · 2016 · confidence medium
See Morrow v. District of Columbia, 417 F.2d 728, 741 (D.C. 7 Cir. 1969) (holding that the district court’s exercise of ancillary jurisdiction 8 over a motion to expunge arrest records was proper); United States v. 9 Linn, 513 F.2d 925, 927 (10th Cir. 1975) (same); United States v. Rosen, 343 10 F. Supp. 804, 806 (S.D.N.Y. 1972) (exercising jurisdiction over a motion to 11 expunge arrest records); United States v. Seasholtz, 376 F. Supp. 1288 , 1289 12 (N.D.
discussed Cited as authority (rule) Doe v. United States
2d Cir. · 2016 · confidence medium
Cir. 1969) (holding that the district court’s exercise of ancillary jurisdiction over a motion to expunge arrest records was proper); United States v. Linn, 513 F.2d 925, 927 (10th Cir. 1975) (same); United States v. Rosen, 343 F.Supp. 804, 806 (S.D.N.Y. 1972) (exercising jurisdiction over a motion to expunge arrest records); United States v. Seasholtz, 376 F.Supp. 1288, 1289 (N.D.
discussed Cited as authority (rule) Benedict v. McMahon
E.D. Pa. · 2016 · confidence medium
See also United States v. Smith, 940 F.2d 395, 396 (9th Cir.1991) (explaining that the equitable power to expunge is very narrow, and appropriately used only in extreme circumstances, such as to remedy an unconstitutional state court conviction or to preserve basic legal rights); Allen v. Webster, 742 F.2d 153, 155 (4th Cir.1984) (explaining that the relief of expungement is confined to exceptional circumstances); Diamond v. United States, 649 F.2d 496, 499 (7th Cir.1981) (approving a case-by-case approach to expungement petitions while acknowledging the need to balance the public interest in …
discussed Cited as authority (rule) Doe v. United States
E.D.N.Y · 2015 · confidence medium
Id. (citing United States v. Flowers, 389 F.3d 737, 739 (7th Cir.2004); Livingston v. U.S. Dep’t of Justice, 759 F.2d 74, 78 (D.C.Cir.1985); Allen v. Webster, 742 F.2d 153, 154-155 (4th Cir.1984); Schnitzer, 567 F.2d at 539 ; United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975)).
discussed Cited as authority (rule) United States v. McKnight
D. Maryland · 2014 · confidence medium
However, as stated above, courts are not to routinely invoke their equitable power of expunction, but rather, reserve their equitable authority for “extreme or exceptional circumstances.” Allen, 742 F.2d at 155 (quoting Schnitzer, 567 F.2d at 539 ); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
discussed Cited as authority (rule) Schussheim v. Schussheim (2×)
Ohio · 2013 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975), and cases cited therein; see also Commonwealth v. Malone, 244 Pa.Super. 62, 68 , 366 A.2d 584 (1976) (noting the disabilities that may result from “the mere fact of an arrest, even if followed by acquittal or complete exoneration”).
discussed Cited as authority (rule) State v. Cynthia Cameron (2×) also: Cited "see"
Vt. · 2011 · confidence medium
As noted in United States v. Linn, one of the federal decisions on which Motchnik relied, courts have occasionally ordered expungement where the underlying arrest was unlawful or the underlying statute was unconstitutional, but only rarely in other situations, even where there has been an acquittal of the charges. 513 F.2d 925, 927-28 (10th Cir. 1975); see also Natwig v. Webster, 562 F. Supp. 225, 228 (D.
discussed Cited as authority (rule) United States v. Lucido (2×)
6th Cir. · 2010 · confidence medium
The only authority to our knowledge cutting the other way comes from decisions that predate Kokkonen, see, e.g., Livingston v. U.S. Dep't of Justice, 759 F.2d 74, 78 (D.C.Cir.1985); Allen v. Webster, 742 F.2d 153, 154-55 (4th Cir.1984); United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975), or that never discuss or even cite Kokkonen, see, e.g., United States v. Flowers, 389 F.3d 737, 738-39 (7th Cir.2004).
discussed Cited as authority (rule) Farmer v. State, Department of Law, Office of the Attorney General (2×) also: Cited "see, e.g."
Alaska · 2010 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir. 1975). 9 .
discussed Cited as authority (rule) United States v. Tyler
M.D. Fla. · 2009 · confidence medium
See, e.g., United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977) (“[EJxpungement lies within the equitable discretion of the court, and relief usually is granted only in extreme circumstances.” (internal quotation omitted)); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975) (finding that extreme or unusual cases “call for a ‘balancing’ of the equities between the Government’s need to maintain extensive records in order to aid in general law enforcement and the individual’s right to privacy”); Livingston v. U.S. Dep’t of Justice, 759 F.2d 74, 78 (D.C.Cir.1985) (re…
discussed Cited as authority (rule) Thompson Ex Rel. Estate of Odell v. Rutherford County (2×)
6th Cir. · 2009 · confidence medium
Circuits have “concluded that district courts do have ancillary jurisdiction to expunge records based on equitable considerations.” United States v. Coloian, 480 F.3d at 51-52 (footnote omitted) (citing, but attempting to distinguish, United States v. Flowers, 389 F.3d 737, 739 (7th Cir.2004); United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977); Livingston v. United States Dep’t of Justice, 759 F.2d 74, 78 (D.C.Cir.1985); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975)).
discussed Cited as authority (rule) Santiago v. People
virginislands · 2009 · confidence medium
Cir. 1985) (“It is well established . . . that courts have the inherent, equitable power to expunge arrest records.”); United States v. Linn, 513 F.2d 925, 927 (10th Cir. 1975); Schnitzer, 567 F.2d at 539 .
examined Cited as authority (rule) United States v. Williams (3×)
D. Utah · 2008 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
discussed Cited as authority (rule) United States v. Kotsiris
N.D. Ill. · 2008 · confidence medium
See United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975); Livingston v. United States Dep’t of Justice, 759 F.2d 74, 78 (D.C.Cir.1985) (“It is well established ... that courts have the inherent, equitable power to expunge arrest records.”).
discussed Cited as authority (rule) United States v. Coloian
1st Cir. · 2007 · confidence medium
Circuits, however, have concluded that dis *52 trict courts do have ancillary jurisdiction to expunge records based on equitable considerations. 7 See, e.g., United States v. Flowers, 389 F.3d 737, 739 (7th Cir.2004) (“The test for the expungement of judicial records is a balancing test: ‘if the dangers of unwarranted adverse consequences to the individual outweigh the public interest in maintenance of the records, then ex-punction is appropriate.’ ”) (quoting United States v. Janik, 10 F.3d 470, 472 (7th Cir.1993)); United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977) (“[Expu…
discussed Cited as authority (rule) United States v. Carson
M.D. Fla. · 2004 · confidence medium
The Schnitzer court further found retaining and preserving arrest records serves an important law enforcement function. 9 Even though arrest records can have a deleterious effect on citizens, the power to expunge should be used narrowly, not for each case ending in acquittal, but should be “reserved for the unusual or extreme case.” Id., quoting United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 *1156 S.Ct. 63, 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) United States v. Eileen Crowell
9th Cir. · 2004 · confidence medium
See also United States v. Friesen, 853 F.2d 816, 817-18 (10th Cir.1988) (attorney acquitted on all counts of conspiracy not entitled to expungement of criminal records); Allen v. Webster, 742 F.2d 153, 155 (4th Cir.1984) (acquittee seeking expungement was not entitled to it absent “exceptional circumstances”); United States v. Schnitzer, 567 F.2d 536, 539-40 (2d Cir.1977) (even following dismissal of indictment, expungement not warranted), cert. denied, 435 U.S. 907 , 98 S.Ct. 1456 , 55 L.Ed.2d 499 (1978); United States v. Linn, 513 F.2d 925, 927-28 (10th Cir.) (acquittal alone insufficien…
discussed Cited as authority (rule) United States v. Steelwright (2×)
D. Maryland · 2002 · confidence medium
See e.g., Geary v. United States, 901 F.2d 679, 679-80 (8th Cir.1990) (“Our Circuit has held, however, consistent with other circuits, that a federal court may exercise its inherent equitable powers by ordering the Attorney General to expunge criminal records in a particular case, provided that the case presents extraordinary circumstances warranting such an exercise of the court’s equitable power.”); Schnitzer, 567 F.2d at 539 (holding that the power to expunge “is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserv…
cited Cited as authority (rule) Camfield v. City of Oklahoma City
10th Cir. · 2001 · confidence medium
See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
discussed Cited as authority (rule) United States v. Thomas Alan Sumner
9th Cir. · 2000 · confidence medium
The court also noted that other circuits have held that a district court has the power to expunge criminal records “as a matter ancillary to the underlying criminal action.” Id. at 965-66 (citing United States v. Schnitzer, 567 F.2d 536, 538 (2d Cir.1977) and United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975)).
discussed Cited as authority (rule) United States v. Vasquez
S.D. Cal. · 1999 · confidence medium
JURISDICTION Although it is an open question in the Ninth Circuit, a clear majority of courts in other circuits have recognized that federal courts have authority to order expungement of criminal conviction records in certain circumstances. 3 Courts recognizing the power to expunge criminal conviction records generally treat the remedy as a matter ancillary to the underlying *966 criminal action, see, e.g., United States v. Schnitzer, 567 F.2d 536, 538 (2nd Cir.1977); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975), and limit its availability to a narrow range of cases involving “ex…
discussed Cited as authority (rule) Sealed v. Sealed (2×) also: Cited "see"
5th Cir. · 1997 · confidence medium
Other circuits also have narrowly delineated this extreme remedy: “[A]n acquittal, standing alone, is not in itself sufficient to warrant an expunction of an arrest record.” United States v. Linn, 513 F.2d 925, 927-28 (10th Cir.1975); accord, e.g., United States v. Schnitzer, 567 F.2d 536, 539-40 (2d Cir.1977) (quoting Linn).
discussed Cited as authority (rule) Toth v. Albuquerque Police Department
N.M. Ct. App. · 1997 · confidence medium
See United States v. Pinto, 1 F.3d 1069, 1070 (10th Cir.1993) (explaining that in extreme circumstances, an arrest record may be expunged after dismissal of the charges or acquittal); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975) (the power to expunge is “a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case”); United States v. McLeod, 385 F.2d 734, 750 (5th Cir.1967) (expungement of arrest records ordered when court determined that arrests had been undertaken to deter voter reg…
discussed Cited as authority (rule) United States v. Fields
S.D.N.Y. · 1997 · confidence medium
But the power to expunge is a narrow one, and even when a defendant is acquitted, it “should not be routinely used ..., but should be reserved for the unusual or extreme case.” Id. (quoting United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975)).
discussed Cited as authority (rule) United States v. Bryde
N.D.N.Y. · 1996 · confidence medium
According to the Second Circuit, the power to expunge “is a narrow one, and ... should be reserved for the unusual or extreme case.” Schnitzer, 567 F.2d at 539 (quoting United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) United States v. Rabadi (2×) also: Cited "see, e.g."
S.D.N.Y. · 1995 · confidence medium
Like the other circuit courts, the Second Circuit recognized “that the power to expunge ‘is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case.’ ” Id. at 539-40 (quoting United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975)) (emphasis added).
discussed Cited as authority (rule) Journey v. State (2×)
Alaska Ct. App. · 1993 · confidence medium
Federal courts have uniformly claimed inherent power to expunge criminal records, but have tempered their claim with the recognition that this power should only be used to preserve basic legal rights in extraordinary circumstances. 5 These courts have consistently proclaimed that the power to expunge is “a narrow one, [which] should not be routinely used whenever a criminal prosecution ends in acquittal, but should be reserved for the unusual or extreme case.” United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
discussed Cited as authority (rule) Guglielmo v. Cunningham
D.N.H. · 1993 · confidence medium
While “requests to expunge are frequently made as a part of the relief requested in civil rights proceedings, of one type or another, against state or county officials,” United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975) (and authorities cited therein), the court’s power to grant this relief is a narrow one, which should be reserved for the unusual or extreme case.
discussed Cited as authority (rule) United States v. Janik
N.D. Ill. · 1992 · confidence medium
In Scruggs , the jury acquitted the defendant and the court refused to expunge this record stating that “acquittal does not establish the lack of probable cause; the prosecution’s high burden of persuasion means, that even some guilty persons will be found not guilty, and ‘probable cause’ is a lower threshold than actual guilt.” Scruggs, 929 F.2d at 307 ; see also Bagley, 899 F.2d at 708 (government did not concede innocence in dismissing the indictment); United States v. Schnitzer, 567 F.2d 536, 540 (2d Cir.1977) (in dismissing the indictment, the government does not concede the inn…
discussed Cited as authority (rule) United States v. Sherman
S.D.N.Y. · 1991 · confidence medium
In Schnitzer , the Second Circuit explained that the power to expunge “ ‘is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case.’ ” Schnitzer, 567 F.2d at 539 (quoting United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975)).
examined Cited as authority (rule) Charles Morris Ray v. United States (4×) also: Cited "see"
10th Cir. · 1991 · confidence medium
Bromley v. Crisp, 561 F.2d 1351, 1364 (10th Cir.1977) (en banc), cert. denied, 435 U.S. 908 (1978); United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 (1975).
discussed Cited as authority (rule) Rezvan v. District of Columbia
D.C. · 1990 · confidence medium
The United States Court of Appeals for the Tenth Circuit has suggested that such relief would be appropriate when the "arrest represented harassing action by the police.” United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
cited Cited as authority (rule) United States v. Brian Alan Sweeney, United States of America v. Christopher Knight
9th Cir. · 1990 · confidence medium
See, e.g., United States v. Schnitzer, 567 F.2d 536, 539 (2d Cir.1977); United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
discussed Cited as authority (rule) United States v. Gregory Paul Noonan
3rd Cir. · 1990 · confidence medium
See United States v. Friesen, supra, 853 F.2d at 818 (attorney acquitted on all counts of conspiracy to manufacture cocaine was not automatically entitled to expunction of records); Livingston v. United States Department of Justice, 759 F.2d 74 , 78 n. 30 (D.C.Cir.1985) (neither dismissal of complaint nor acquittal, without more, justify expunction of arrest record); Allen v. Webster, supra, 742 F.2d 153, 154-55 ; United States v. Linn, 513 F.2d 925, 927-28 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975) (denial of expunction of acquittee’s arrest records where t…
cited Cited as authority (rule) Michael A. Geary v. United States
8th Cir. · 1990 · confidence medium
United States v. Linn, 513 F.2d 925, 927-28 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) United States v. Hughes Anderson Bagley, Jr.
8th Cir. · 1990 · confidence medium
The district court has a narrow power to expunge criminal records, United States v. McMains, 540 F.2d 387, 389-90 (8th Cir.1976), which is infrequently exercised, United States v. Friesen, 853 F.2d 816, 818 (10th Cir.1988), and reserved for unusual or extreme cases, United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
cited Cited as authority (rule) Schwab v. Gallas
N.D. Ohio · 1989 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1976).
cited Cited as authority (rule) State v. Motchnik
Vt. · 1987 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 (1975).
cited Cited as authority (rule) Tomas Reyes v. The Supervisor of the Drug Enforcement Administration
1st Cir. · 1987 · confidence medium
That power is a narrow one, U.S. v. Linn, 513 F.2d 925, 927 (10th Cir.1975), and has been used more often to expunge records of unconstitutional convictions.
cited Cited as authority (rule) Reyes v. Supervisor of Drug Enforcement Administration
D.P.R. · 1986 · confidence medium
United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
discussed Cited as authority (rule) Constable v. Luis
virginislands · 1985 · confidence medium
Government of the Virgin Islands v. Smith, 14 V.I. 462, 464 (1977); Shadd v. United States, 389 F. Supp. 721, 722 (W.D.Pa. 1975), aff’d, 535 F.2d 1247 (3d Cir.), cert. denied, 429 U.S. 887 , 97 S.Ct. 241 , 50 L.Ed.2d 169 (1976); United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) Hodge v. Luis
virginislands · 1984 · confidence medium
Pa. 1975), aff’d, 535 F.2d 1247 (3d Cir.), cert. denied, 429 U.S. 887 , 97 S.Ct. 241 , 50 L.Ed.2d 169 (1976); United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) Allen v. Webster
4th Cir. · 1984 · confidence medium
The Schnitzer court continued as follows: In considering these equities, courts must be cognizant that the power to expunge “is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case.” United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) Allen v. Webster
4th Cir. · 1984 · confidence medium
The Schnitzer court continued as follows: 5 In considering these equities, courts must be cognizant that the power to expunge "is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case." United States v. Linn, 513 F.2d 925, 927 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975).
discussed Cited as authority (rule) Natwig v. Webster
D.R.I. · 1983 · confidence medium
United States v. Linn, 513 F.2d 925, 927-28 (10th Cir.), cert. denied, 423 U.S. 836 , 96 S.Ct. 63 , 46 L.Ed.2d 55 (1975); United States v. Singleton, 442 F.Supp. 722, 723 (S.D.Tex.1977); United States v. Seasholtz, 376 F.Supp. 1288, 1290 (N.D.Okl.1974); United States v. Dooley, 364 F.Supp. 75, 78-79 (E.D.Pa. 1973). “[T]he power to expunge an arrest record is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case.” United States v. Linn, 513 F.2d at 927 .
discussed Cited as authority (rule) John Doe v. William H. Webster, Director, Fbi
D.C. Cir. · 1979 · confidence medium
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 375 (1967); United States v. Linn, supra note 16; Rogers v. Slaughter, supra note 16, 469 F.2d at 1085 ; Coleman v. United States Department of Justice, supra note 12, 429 F.Supp. at 413 ; United States v. Seasholtz, supra note 12, 376 F.Supp. at 1289 ; Hammons v. Scott, 423 F.Supp. 625, 627-28 (N.D.Cal.1976); Shadd v. United States, supra note 12, 389 F.Supp. at 722 ; United States v. Dooley, 364 F.Supp. 75, 78-79 (E.D.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James P. LINN, Defendant-Appellant
74-1397.
Court of Appeals for the Tenth Circuit.
May 12, 1975.
513 F.2d 925
Charles R. Hollen, Atty., Dept, of Justice (Gary D. Jackson, Atty., Dept, of Justice, on the brief), for plaintiff-appel-lee., James P. Linn, Oklahoma City, Okl. (Linn, Helms & Kirk, Oklahoma City, Okl., and Mark A. Robertson, Legal Intern, on the brief), for defendant-appellant.
McWilliams, Stein, McWil-liams, Doyle.
Cited by 102 opinions  |  Published
McWILLIAMS, Circuit Judge.

This is an appeal from an order of the trial court denying the defendant’s motion to expunge, remove and destroy- the record of his arrest. Under the circumstances disclosed by the record here before us, we affirm the action of the trial court.

James P. Linn, an attorney-at-law licensed to practice in the State of Oklahoma, appears in this court pro se. Linn and seven others were indicted by a grand jury sitting in the Southern District of New York. The indictment contained some sixty-five counts, charging, among other things, conspiracy, mail fraud, wire fraud, stock fraud, sale of unregistered securities, and the filing of false reports with the Securities and Exchange Commission and the American Stock Exchange. Linn was a named defendant in fifty-nine of the sixty-five counts in the indictment.

Subsequent to the return of the aforesaid indictment, Linn was arrested and fingerprinted by the United States Marshal for the Southern District of New York.

Linn and four other defendants requested a change of venue to the Western District of Oklahoma. This request was granted. Trial of the case was to a jury, and of the fifty-nine counts naming Linn as a defendant, nine were submitted to the jury. The remaining counts were either dismissed or in some manner consolidated with the nine counts submitted to the jury.

The jury acquitted Linn on each of the nine counts submitted to it. Linn then filed in the criminal proceeding in which he had been thus acquitted a motion requesting the trial court to expunge, remove and destroy the record of his arrest. In this motion Linn alleged as grounds therefor that most of the charges against him had been dismissed prior to and during trial, and that he had been acquitted by the jury on all remaining counts of the indictment. Linn further alleged in his motion to expunge: (1) That future misuse and improper dissemination of his record of arrest was “likely”; (2) that the record of his arrest “could be” used to attack his character and reputation both as an individual and in his professional capacity as an attorney-at-law; (3) that Linn’s ar[*927] rest record in nowise serves to protect society, so that any conceivable public interest in retaining the record of arrest is clearly outweighed by the possible adverse consequences to him and his professional practice; and (4) that expungement of the record of his prior arrest is necessary to insure his constitutional right of privacy.

No evidentiary hearing was held, or apparently requested, in connection with Linn’s motion to expunge, though the matter was fully briefed by both Linn and the Government. The trial court then denied Linn’s motion to expunge his record of arrest, and this appeal follows.

Traditionally, courts have been of the view that the matter of expunging an arrest record where the arrestee has been acquitted was inappropriate for judicial action, and that the entire matter was more appropriate for legislative action. United States v. Dooley, 364 F.Supp. 75, at 79 (E.D.Pa.1973). However, there are a number of comparatively recent cases which indicate quite clearly that in a proper case the courts may themselves order an expunction of an arrest record. Requests to expunge have arisen in a variety of procedural settings. For example, requests to expunge are frequently made as a part of the relief requested in civil rights proceedings, of one type or another, brought against state or county officials. See Sullivan v. Murphy, 156 U.S.App.D.C. 28, 478 F.2d 938 (1973), cert. denied, 414 U.S. 880, 94 S.Ct. 162, 38 L.Ed.2d 125 (1973); Wilson v. Webster, 467 F.2d 1282 (9th Cir. 1972); United States v. McLeod, 385 F.2d 734 (5th Cir. 1967); Herschel v. Dyra, 365 F.2d 17 (7th Cir. 1966); Bilick v. Dudley, 356 F.Supp. 945 (S.D.N.Y.1973); Wheeler v. Goodman, 306 F.Supp. 58 (W.D.N.C.1969), vacated on other grounds, 401 U.S. 987, 91 S.Ct. 1219, 28 L.Ed.2d 524 (1971); and Hughes v. Rizzo, 282 F.Supp. 881 (E.D.Pa.1968).

Requests to expunge arrest records have also been frequently made in post-conviction proceedings. See Rogers v. Slaughter, 469 F.2d 1084 (5th Cir. 1972); Kowall v. United States, 53 F.R.D. 211 (W.D.Mich.1971); and Severson v. Duff, 322 F.Supp. 4 (M.D.Fla.1970).

Similar requests have also been made in actions brought directly against the actual custodian of the records sought to be expunged. See Menard v. Saxbe, 498 F.2d 1017 (D.C.Cir. 1974); Gomez v. Wilson, 323 F.Supp. 87 (D.C.D.C.1971); Davidson v. Dill, 503 P.2d 157 (Colo. 1972); and Eddy v. Moore, 5 Wash.App. 334, 487 P.2d 211 (1971).

Finally, requests to expunge have been made, as in the instant case, in the criminal proceeding in which the arrestee was acquitted. See Morrow v. District of Columbia, 135 U.S.App.D.C. 160, 417 F.2d 728 (1969); United States v. Seas-holtz, 376 F.Supp. 1288 (N.D.Okla.1974); United States v. Dooley, 364 F.Supp. 75 (E.D.Pa.1973); United States v. Rosen, 343 F.Supp. 804 (S.D.N.Y.1972); and United States v. Kalish, 271 F.Supp. 968 (D.Puerto Rico, 1967).

Under the authorities above cited it is fairly well established, then, that courts do possess the power to expunge an arrest record where the arrestee has been acquitted. However, there appears to be no definitive, all-purpose rule to govern requests of this nature, and to a considerable degree each case must stand on its own two feet. The cases above cited do indicate that the power to expunge an arrest record is a narrow one, and should not be routinely used whenever a criminal prosecution ends in an acquittal, but should be reserved for the unusual or extreme case. Certain of the cases call for a “balancing” of the equities between the Government’s need to maintain extensive records in order to aid in general law enforcement and the individual’s right of privacy.

Under the cases above cited, where the arrest itself was an unlawful one, or where the arrest represented harassing action by the police, or where the statute under which the arrestee was prosecuted was itself unconstitutional, courts have ordered expunction. However, it would appear that an acquittal, standing alone, is not in itself sufficient to warrant an expunction of an arrest[*928] record. United States v. Seasholtz, 376 F.Supp. 1288 (N.D.Okla.1974); United States v. Dooley, 364 F.Supp. 75 (E.D.Pa. 1973); and United States v. Rosen, 343 F.Supp. 804 (S.D.N.Y.1972). Let us examine the facts of the instant ease in the light of the authorities above mentioned.

Linn’s arrest was a lawful one, pursuant to an indictment returned by a duly constituted grand jury sitting in the Southern District of New York. The charges set forth in the indictment were lawful ones not subject to any constitutional infirmity. Although Linn was no doubt severely inconvenienced by the return of the indictment, there is nothing to indicate any harassing action, as such, by any governmental agency. On trial of the matter, the trial judge held there was sufficient incriminating evidence against Linn to require submission of at least nine counts to the jury. And in acquitting, the jury found, in effect, only that the Government had not proven Linn’s guilt beyond a reasonable doubt.

Linn argues on appeal that the Government’s retention of his arrest records is an invasion of his right of privacy. There was no showing, however, that the retained records have been, or will be, used improperly or intrusively against Linn. In fact, the so-called “arrest” record now on file with the F.B.I. clearly shows Linn was found not guilty of the charges against him. Thus, there is no demonstrated invasion of privacy which overrides the Government’s justification in keeping the records.

So, the instant case really boils down to whether the fact that Linn was acquitted is in itself sufficient to require the trial court to expunge his record of arrest. We hold that it is not.

Judgment affirmed.