MATTER OF HENRY v. LOONEY


65 Misc.2d 759 (1971)

In the Matter of John Henry, Jr., an Infant, by John Henry, Sr., His Father, Petitioner, v. Francis B. Looney, as Police Commissioner of Nassau County, et al., Respondents.

Supreme Court, Special Term, Nassau County.

February 2, 1971


Attorney(s) appearing for the Case

English, Cianciulli, Reisman & Peirez for petitioner. Morris H. Schneider for Francis B. Looney, as Police Commissioner, respondent. Robert S. Forman for John B. Bailey, as Chief of Police of Village of Sands Point, respondent.


SOL WACHTLER, J.

The question in this proceeding is whether a court may relieve a party of the practical stigma of a criminal arrest record. Theoretically, the problem should not exist, for an arrest in and of itself, lawful or otherwise, is legally and logically probative of nothing regarding the character and background of the person arrested. As a practical matter, however, an arrest record may stigmatize...

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