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Arrested Editor: Don't Purge Online Arrest Records

David McCumber's DUI arrest provides a singular look into the pressing matter of digital arrest records' permanence.

 

Even if he could, this is one story David McCumber won’t edit.

On Saturday morning, Sept. 24, McCumber, the editorial director of the Hearst Connecticut Media Group, was charged with driving under the influence in Wilton. He is due Oct. 4 in state Superior Court in Norwalk. And like any DUI arrest, the news appeared in police blotters in several media outlets.

The incident also drives home a complex question that many in McCumber's profession wrestle with every day: How to handle the permanency of digital arrest records?

“What happened to me has nothing to do with how I feel about this,” said McCumber, editor of The Advocate and Greenwich Time. “The Internet is a much different platform. But I don’t think we should make any move to close records or to direct legislation to purge records. That’s a slippery slope in the wrong direction.”

With more newspapers going online, information from police blotters and other digital records remain forever accessible in cyberspace—even after charges are dismissed. As such, there has been a push to pass legislation that would mandate the purging of digital arrest records after a certain time period.

While official records are expunged for certain first-time offenses, but not for convictions, said state Sen. Toni Boucher, a Republican representing Bethel, New Canaan, Redding, Ridgefield, Weston, Westport and Wilton in the 26th Senate District.

A DUI conviction goes on a Connecticut driving record and the conviction can remain active on someone’s record for up to 10 years. Connecticut doesn’t allow for the record to be expunged. However, if the charges are dismissed, or the person is acquitted, the records may be expunged.

As for how the press deals with dismissals and acquittals, that’s another matter, Boucher said.

“But how far do you go with that? It’s a very tough call and could easily be debated both ways,” Boucher said regarding redacting on-line newspaper articles that report criminal offenses.

As previously reported in Patch, Mark Sherman, a Stamford attorney, said cases dismissed in court shouldn’t stay in cyber-space. It stigmatizes people long after charges are dismissed. Sherman said the state should formulate legislation to require the purging of records.

This isn't a matter for the state, said Rich Hanley, associate professor of Journalism at Quinnipiac University.

"No way should the state seek to police that activity," Hanley said.

However, as a professsion, news organizations should formulate a policy that if they post an arrest they should post the court disposition. 

"They have a professional obligation to do this. Each police blotter item should be followed by the court disposition of the case," Hanley said. 

Yet far as Hanley knows, no media outlet—print or broadcast—does this.

McCumber frowns upon any push to purge the system of newspaper references. Instead, he said the conversation in his newsrooms isn’t about purging records. Rather, it’s about trying to find the most equitable solution. 

“If somebody brings us evidence of a dismissal of charges we offer to write a small item attached to the original,” McCumber said. “But most people don’t want that because it points back to the original.”

Hanley said he dislikes this approach because it "puts the burden on the person thrust into the public eye."

That means job recruiters, university admissions officials can easily access information that otherwise could only be obtained through old fashion legwork.

“We owe people fairness,” he said, “but there is no perfect solution.”

Greenwich Time has a daily circulation of 7,838 and The Advocate has a daily circulation of 14,698.

Patch_comments_icon

Harold F. Cobin

2:48 pm on Tuesday, September 27, 2011

While I agree in theory with Hanley's assertion that court dispositions of published arrests should be reported, in practice no news agency has enough personnel to follow every case to the end. The best I can offer is that defendants found not guilty or who had charges dismissed contact news agencies that reported their arrest and request they report the outcome.
H.F.C.

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Thomas Soukup

9:40 am on Wednesday, September 28, 2011

I really don't see any value in publishing DUI arrests. Assuming the offender is an alcoholic it's doubtful any shame associated by publishing the name of the individual will cure the problem. If the loss of ones license, DUI classes, fines and community service don't work, than what constructive purpose do these news references serve? It's nothing short of community gossip.

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John Symon

12:43 pm on Wednesday, September 28, 2011

Strikes me funny/ironic how the Patch is making a bigger story (and one that will live long on the internet) about the DUI of a competitor's editor.

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Laura Stabell

11:03 pm on Saturday, October 1, 2011

I have to laugh! Considering the trash that Hearst prints without checking out the truth of their "facts"-only the sensationalism of the "story", I think its suitable to trash this editor for as long as all the trash they have written about other people is alive in cyber space -forever! Hearst has sunken to such a low level,you cannot depend on anything you read to be news.People want to read facts, not opinions of an editor or reporter .It is not worth reading.

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Nancy

8:54 am on Friday, October 7, 2011

hey, i wanna know who's cruising around the streets, driving erratically (for whatever reason). if the arrested has caught the attention of ANY cop, it is in the best interest of the community to know who it is. just as with these juvenile brats who get a free pass to 'recover' from their bad behaviors, they too should be known to the community. its for the public's safety to know who's endangering them. stop all this nonsense and political BS in attempt to protect the CRIMINALS.

this isn't about one publication 'besting' another, its about making the laws apply to everyone, including those who can afford expensive legal representation.

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ETP

10:48 pm on Sunday, November 27, 2011

Post convictions, not arrests.

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