In what circumstances will the court uphold the government's right to keep arrest records?

California, United States of America


The following excerpt is from Hill v. National Collegiate Athletic Ass'n, 1 Cal.App.4th 1398, 273 Cal.Rptr. 402 (Cal. App. 1990):

In Loder v. Municipal Court (1976) 17 Cal.3d 859, 132 Cal.Rptr. 464, 553 P.2d 624, cert. den. (1977) 429 U.S. 1109, 97 S.Ct. 1143, 51 L.Ed.2d 562, the court did uphold the government's right to keep arrest records, but it did so by applying the compelling need standard and finding that the evidence did establish a substantial governmental interest. (Id. 17 Cal.3d at p. 868, 132 Cal.Rptr. 464, 553 P.2d 624.)

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