CLEAR News - Spring 2003


 

Expunged, Public

Expunged, Not Public

Not Expunged, Public

Not Expunged, Not Public

Comments

Alabama (6)

x

 

 

x x x x x

BOE Counseling- no formal Board action= not reported, not public;
Veterinary- outcomes reported statistically in end-of-year report

Alaska (2)

 

x

 

x

Can be public by FOIA

Arizona (7)

 

 

x x

x x x x

x

partially public upon dismissal (except for court reporter program);
clearly marked as dismissed;
Medical Board- on website 5 years;
Dental Examiners- expunged after 2 years

Arkansas (1)

 

 

 

x

Public can request through FOIA process

California (10)

 

x x x

x

x x x x x x

disclosure varies by board;
purged after statute of limitations;
Board of Psychology- not recorded or public until becomes “Accusation”;
on record for office use only

Colorado (1)

 

 

 

 

x

Varies by Board, profession;
Not expunges but disclosure varies by profession

Connecticut (1)

x

 

 

 

Physicians and vets not public

Delaware (1)

 

 

 

 

Chiropractic-no record of complaints, results of hearing public

Florida (1)

 

 

 

x

only if dismissed by Board after probable cause is found and administrative complaint is issued

Georgia (1)

 

 

 

x

 

Hawaii

 

 

 

 

 

Idaho (2)

 

 

 

x x

 

Illinois (1)

 

 

 

x

Can be made public FOIA

Indiana

 

 

 

 

 

Iowa (3)

 

x

 

x x

retained for a min. 5 years;
allied health groups- if no charge, confidential even to licensee

Kansas (5)

 

 

x x

x x x

subject to Kansas Open Records Act;
made public only if goes to hearing

Kentucky (4)

x

x

x

x

 

Louisiana (2)

 

x x

 

 

 

Maine

 

 

 

 

 

Maryland

 

 

 

 

 

Massachusetts (3)

 

 

x x x

 

 

Michigan (1)

 

 

 

x

 

Minnesota (6)

 

x x

x

x x x

Board of Dentistry- can become public if corrective or disciplinary action is taken in future;
Private data accessible only to licensee, destroyed after two years, can be marked for “reopen”

Mississippi (2)

 

x x

 

 

 

Missouri (7)

 

 

 

x x x x x x x

public if licensee signs release

Montana

 

 

 

 

 

Nebraska (2)

 

 

 

x

never on licensee record, only Investigation Division record

Nevada (2)

 

 

 

x x

 

public if there was a public hearing;
investigation file, not licensee file

New Hampshire

 

 

 

 

 

New Jersey

 

 

 

 

 

New Mexico (4)

x x

x

x

 

made public if an NCA is issued;
public until destroyed per retention schedule

New York (3)

 

 

 

x x x

 

North Carolina (8)

x

x x

x x x

x x

record destroyed in two years;
never entered into LPCs record unless action taken by Board, then published in Board newsletter
 

North Dakota