stating that “[t]he right to expungement of state records is not a federal constitutional right”
How later courts described this case
- stating that “[t]he right to expungement of state records is not a federal constitutional right”
- “The right to expungement of state records is not a federal constitutional right.”
Written by the judges who cited it.
The opinion
BAILEY BROWN, Circuit Judge
(concurring).
I agree with the result reached in this opinion and the reasons therefor set out in the opinion. I would, however, add an additional reason. It appears to me that appellant is, in effect, seeking to use 42 U.S.C. § 1983 as a vehicle for making a collateral attack on a state criminal conviction, that is to say, is seeking to use § 1983 as a substitute for habeas. This, I believe, he cannot do.