Author: Attorney Marcus J. Berghahn
The Director of State Courts, Randy Koschnick, announced that he will implement recommendations made by a study committee regarding the length of time certain case information is publicly available on CCAP. When the changes are implemented, those cases in which criminal charges are dismissed or which result in an acquittal will not appear on CCAP two years after the matter is concluded. Presently, if criminal charges are dismissed or if a defendant is acquitted after trial, the CCAP entry will remain during the retention period (up to 50 years depending on the criminal charges).
Under the plan, misdemeanor and felony cases will be displayed on CCAP for two years if the case was dismissed or the defendant was acquitted. And, after two years from the date of disposition, the record will be removed. This change will most directly help those whose criminal charges were dismissed after they participated in the First Offender Program.
The Director of State Courts will also make changes to the manner in which other cases which were dismissed or denied will be displayed on CCAP. The two-year display period will also apply to dismissed small claims cases, including eviction cases, injunction petitions relating to domestic abuse, child abuse, individuals at risk, and harassment if the case was dismissed or the petition was denied.
These changes take into account that information about cases available on CCAP affects individuals because the information is so easily accessible and takes into account citizens’ privacy concerns.
It is anticipated that the changes will be fully implemented by the end of March 2018, and will apply retroactively. In other words, if a misdemeanor or felony charge was dismissed more than two years ago, that record will be removed from CCAP.