The record has been destroyed

[FundieliciousTaterTot]

It is remotely possible that Noy wasn't just asked by her parents to do this... That she really wanted it done for privacys sake. It's not like he can be charged anyway.

I really think that, in the case of sex crimes, the statute of limitations just needs to fickin die.

Joy can't get the record expunged. Only Josh can. It was his criminal record not hers. The report associated with his record (33 page document on in touch) was sealed

[gustava]

Imagine someone was accused of stealing something and so the police show up and make a report but the accused didn't actually steal it so they are acquitted. Now the accused doesn't want people to be able to look up this whole mess about them that isn't even true...so they ask for their criminal record to be expunged and thus the associated reports are sealed.

In this scenario it is very easy to see how this function of the law is great! If I was accused of something I didn't do I would want all of that sealed.

However since we know Josh is guilty we are upset the record was expunged...yet because he was acquitted this is natural. What we should truly be upset about is that the adults allowed the statute of limitations to run out. Maybe we should also be upset that the SOL is only 3 years. There are possibly other people who knew of the abuse like the Holts (see thread on Josh's courtship before Anna, helpfully necro'd by someone)

Thanks for your explanation. I do question the use of "acquitted" as I'm not sure he was ever officially/legally charged with anything.

Could Joy, as a minor, have requested that the records be sealed/expunged/closed to protect her privacy?

[JenniferJuniper]

But the police report is out in the open - the internet is forever right? At least it's out there for the world to see... Considering their desperation to cover it up, they are such morons for not destroying this evidence sooner. This info has just been sitting there expired for years and years.

The redacted copy of the police report will be in cyberspace forever. What was destroyed was the actual non-redacted report, along with any file that remained. The file - when it existed - would have included the full investigation along with transcripts and DVDs/tapes of all interviews done.

I'm with those who suspect there is much more. Josh was bold enough to assault a non-family member who was old enough to help babysit. It's unlikely his activities were limited to the time frames covered in the police report we've seen. He received no treatment and his parents basically very quickly acted like nothing had happen. It's not likely it was this limited or that he just stopped.

Not to mention that the girls all sounded heavily coached even in the limited report we saw.

[FundieliciousTaterTot]

Thanks for your explanation. I do question the use of "acquitted" as I'm not sure he was ever officially/legally charged with anything.

Yeah acquitted probably isn't correct at all lol. But you know what I mean [emoji6].

I was talking to someone who is an expert on all of this and repeating back what I could

[Toothfairy]

Me too

me too

[apple1]

Please stop with the quotes within a gazillion quotes on the me toos.

[Four is Enough]

Wow. Has Jim Bob destroyed his own credibility by having that police record destroyed?

In the short term, he's "protecting" Josh, and in part, the girls.

In the long term, it shows he has ties within the police department that will keep him and his family from being prosecuted for most crimes.

Not the type of politician I'd want to vote into office; not the type of person I'd want endorsing my candidacy.

[HeadshipRegent]

Me too

+1 to the curious train.

[GunnBroker]

"+1 to the curious train"

Go back a page or two, the poster followed up.

[singsingsing]

Wow. Has Jim Bob destroyed his own credibility by having that police record destroyed?

In the short term, he's "protecting" Josh, and in part, the girls.

In the long term, it shows he has ties within the police department that will keep him and his family from being prosecuted for most crimes.

Not the type of politician I'd want to vote into office; not the type of person I'd want endorsing my candidacy.

They went through the court to have it destroyed - it's not like Jim Bob pitched some backroom deal to get it done. I'd be more interested in why nothing ever came of the 2006 police report. It ends with no conclusion. If Jim Bob did anything shady, I think it was getting the initial investigation conveniently forgotten about.

[Four is Enough]

If they went through court to get it destroyed, it was either done long before this, or this was the speediest court case I've ever heard of.

Kid 'o mine got busted for possession, did his service and drug classes, then had to petition the court to expunge his record... it. took. MONTHS.

[singsingsing]

If they went through court to get it destroyed, it was either done long before this, or this was the speediest court case I've ever heard of.

Kid 'o mine got busted for possession, did his service and drug classes, then had to petition the court to expunge his record... it. took. MONTHS.

This was not a record expungement, it was a petition to have a document destroyed. I believe someone from the court or the police department commented and said that the application to have it destroyed was made on Tuesday and processed in a normal amount of time.

[eri]

That record never should have been on the Internet. It violates the victims' privacy. Those girls have all been "outed" against their will. Only the fifth, non-related victim remains anonymous.

Any information that has been redacted is considered anonymous or classified. Fortunately, the police report that was leaked was publicly appropriate. Otherwise JB would have been able to get the FBI to scrub it from the 'Net.

[Four is Enough]

This was not a record expungement, it was a petition to have a document destroyed. I believe someone from the court or the police department commented and said that the application to have it destroyed was made on Tuesday and processed in a normal amount of time.

Thank you. Got it.

[HermioneSparrow]

That vague statement has me interested as well.

Same here. Lawyers involved is never a good sign so i hope you're okay fjismyheadship!

[roddma]

That vague statement has me interested as well.

Im curious now too

[JuyuShoga]

Holy crap. I didn't expect my one little comment to gain this much traction. I wouldn't have posted if I had thought that.

viewtopic.php?f=87&t=18941&hilit=fmj+Springdale&start=300

That is where you will find what I was talking about. I realize now what my mistake was, although it still wasn't illegal. I had a court appointed lawyer and he said I should plead guilty because Jim Bob Duggar has too much power and I will never win.

That is what I meant by my comment.

I do have someone on the inside who will get all of the letters to give to the Duggar girls but I will not name that person.

I was on one of my serial lurking bursts when that happened - and I remember how it all went from a lighthearted "I'm going to see these exotic creatures in their natural environment" (and ask the questions that everyone wanted answered) to a very dark and scary experience for you (a woman with a baby there alone).

It became very clear then that the friendly nice facade of the Duggar's was just that - a facade.

[notahomeschooler]

So the process for having records expunged varies from state. II know, from professional experience, that a victim can ask to have a record expunged if the case was never prosecuted due to statute of limitations or a recanting of testimony. However, there has to be a valid reason to expunge, and protecting the identity of a minor is a valid reason. It is nor very common, since the flies are redacted for privacy. However, I know of several cases where it has occurred. After reading the report, it was clear that you could still identify a minor from the reports and no charges were pending.

[notaduggarlover]

I just don't get it. If the officer said those kinds of records are there indefinitely, how the hell did the judge feel ok with destroying them? What kind of stuff is JB holding over the judge's head? This family pisses me off. He must be one fucking special snowflake to have everyone at his beck and call and do what he wants.

[DGayle]

The show not necessarely being cancelled (even though honey boo boo was) => JB has to much power, in Arkansas AND in D.C.

This isn't concerning yet. Depending on the contracts, TLC might need time to find a way to get out of it without a big pay-out. "Don't do anything that could harm the brand" is typical, which would apply to June since she started dating the molester during the show, but how can you apply that to Josh's past? At first glance, it seems like it would count, but that was before, and a background check wouldn't necessarily show sealed stuff. So TLC might be having to figure out an escape.

What kind of circles is JB involved with that he seems untouchable?

The billion-dollar-question at this point.

[DGayle]

My understanding is that Josh was never charged with his crimes because the statute of limitations had run out.

Anyways, when someone has been not charged it is fairly common for them to be able to ask for their record to be expunged. When a criminal record is expunged typically the report associated is either sealed or destroyed. The victim is not able to ask that the record be expunged, just the accused perp who ultimately was never charged.

This is not a case of exceptionalism or state corruption. This is the norm. See this document for more information and remember Josh was acquitted http://www.arlegalservices.org/files/FS ... ment_0.pdf

The main problem is not expungement but that the girls did not report their crimes before the statute of limitations ran out. That of course can be faulted to JB & Michelle as well as all adults who know of these horrors

Josh has no criminal record to be expunged. He was not acquitted since he was never charged.

[DGayle]

But on topic - How can they just close it like that? Isn't multiple sexual assaults reported to a police officer who didn't even file a report an investigation in itself, even with the statute of limitations up? Wtf is wrong with Arkansas?

The SOL wasn't up when Josh talked to that officer who did nothing! Yet that officer isn't getting heat over this. What an abuse of power!

[DGayle]

Imagine someone was accused of stealing something and so the police show up and make a report but the accused didn't actually steal it so they are acquitted. Now the accused doesn't want people to be able to look up this whole mess about them that isn't even true...so they ask for their criminal record to be expunged and thus the associated reports are sealed.

In this scenario it is very easy to see how this function of the law is great! If I was accused of something I didn't do I would want all of that sealed.

However since we know Josh is guilty we are upset the record was expunged...yet because he was acquitted this is natural. What we should truly be upset about is that the adults allowed the statute of limitations to run out. Maybe we should also be upset that the SOL is only 3 years. There are possibly other people who knew of the abuse like the Holts (see thread on Josh's courtship before Anna, helpfully necro'd by someone)

You don't know what an acquittal is. It means to be found INNOCENT of charges, not just not guilty. Not guilty means there's not enough evidence either way. Guilty means evidence to convict. Acquit means outright INNOCENT. And this takes actually being charged, which Josh never was. He was never found to be innocent. So he wasn't acquitted. An acquittal is NOT the same thing as just not being charged.

[FundieliciousTaterTot]

You don't know what an acquittal is. It means to be found INNOCENT of charges, not just not guilty. Not guilty means there's not enough evidence either way. Guilty means evidence to convict. Acquit means outright INNOCENT. And this takes actually being charged, which Josh never was. He was never found to be innocent. So he wasn't acquitted. An acquittal is NOT the same thing as just not being charged.

I already addressed my ignorance in a previous post

[anon710]

Me too

me eleventy!!!!11!!!!!!