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Criteria for Expungement Explained

In affirming Supreme Court’s annulment of the determination and grant of a new hearing because the recording of the proceeding was incomplete, the Third Department noted that the criteria for expungemet had not been met:

It is well settled that “[e]xpungement will be ordered only where there has been a showing that ‘(1) the challenged disciplinary determination is not supported by substantial evidence . . .; (2) there has been a violation of one of the inmate’s fundamental due process rights, as enunciated in Wolff v McDonnell (418 US 539 [1974]); or (3) other equitable considerations dictate expungement of the record rather than remittal for a new hearing'”… None of the foregoing situations is implicated here.  Matter of Barnes v Fischer, 515146, 3rd Dept 7-25-13 

 

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