629: 'I think it should be wiped across the board'

A new law that just took effect here in North Dakota seals court records in concluded cases that don't result in a conviction. That would mean instances where the defendant was acquitted, or when the charges were dismissed, or any other outcome that's not a guilty plea or verdict.

The argument in favor of the law is that it's not fair to the defendants to have those cases in the public record. After all, as a matter of law, if they aren't convicted of the charges against them, they are innocent. But if the cases are accessible, they may be judged for them anyway, especially in instances like hiring or housing.

But what about transparency? What does sealing those records mean for the public and the news media's ability to scrutinize those cases to ensure that the acquittal, or dismissal, or other non-conviction outcome was ethical and lawful?

I believe the cases should remain open to ensure accountability for all parties involved.

Adam Martin, the founder of the F5 Project and our guest on this episode of Plain Talk, feels the opposite. For every instance where there might be a defendant who got off because of untoward machinations by the judge, or the prosecutor, or some other state official, "there's 500 people...that are struggling with getting jobs or housing or whatever for something that they didn't even do," Martin said.

Martin goes even further and argues that in the future we should also close off access to police and other records that don't result in a conviction. "If something's pardoned, if something's dismissed or whatever, I think it should be wiped across the board," he said.

Also on this episode, my co-host Chad Oban and I discussed whether SNAP benefits should cover things like energy drinks and candy bars, and the impact the "warrior cop" ethos has on law enforcement mental health and morale.

If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive