New Jersey Supreme Court to Hear Arguments in Expungement Case

The New Jersey Supreme Court will hear oral arguments on September 14, 2010 in the case of G.D. v. Kenny. In G.D. v. Kenny a lower court dismissed a privacy claim involving publication of information about a prior criminal act, even though the state had issued an expungement order. EPIC has filed a "friend of the court" brief, urging the New Jersey Supreme Court to preserve the right of expungement and allow the privacy case to go forward. EPIC's brief points to the increasing risk that private firms will make available inaccurate, incomplete, and out--of-date information if expungement orders are not enforced. EPIC further argues that courts do not treat truth as a defense in cases involving privacy tort claims. EPIC Advisory Board member Grayson Barber will be arguing on EPIC's behalf at the hearing. For more information, see EPIC: Expungement and EPIC: G.D. v. Kenny.

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