When a court orders an expunction, which statement about court records is correct?

When a court orders an expunction, which statement about court records is correct?

• A. The clerk must destroy or seal the paper records of the court.
• B. The clerk must destroy or seal the paper records of the court.
• C. The clerk may ignore the expunction order and retain the records.
• D. The clerk is only required to seal electronic records, not paper records.

Answer: (B)

When a court orders expunction, the goal is to prevent access to records about the expunged matter. The clerk has a duty to carry out that order by destroying or sealing the paper records of the court that relate to the case. This ensures the physical files are not available for public inspection. Electronic records also must be sealed or destroyed, but the statement about the paper records directly reflects the mandatory action the clerk must take. Choosing to ignore the order or to seal only electronic records would not fulfill the expunction directive.

When a court orders expunction, the goal is to prevent access to records about the expunged matter. The clerk has a duty to carry out that order by destroying or sealing the paper records of the court that relate to the case. This ensures the physical files are not available for public inspection. Electronic records also must be sealed or destroyed, but the statement about the paper records directly reflects the mandatory action the clerk must take. Choosing to ignore the order or to seal only electronic records would not fulfill the expunction directive.