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  1. #1
    Join Date
    Oct 2015
    Posts
    1

    Default What Are Your Rights to Privacy As a Probationer

    My question involves civil rights in the State of North Carolina.

    Long story short my father contacted my p.o. and was informed about many aspects of my on going legal troubles (information I did not say it was ok for my p.o. to share with my father or anyone else). Also, there was no questions asked as to if the person calling was my actual father. So anyone could have called claiming to be my father and received any and all information about my ongoing legal issues. I am 27 years old, or in other words an adult and I don't understand how this info can be handed over without any consent from me. It is not as if I am a minor and my legal guardians are checking up on me. So my question is: how legal (if at all) is it for my p.o. to divulge my legal issues to people totally unrelated to my case(s). I personally feel like my rights to privacy has been violated.

    If y'all need more information feel free to ask. I really want to get to the bottom of this. Do those of us on probation have any privacy at all?

    ::C-Reez::

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Rights to Privacy As a Probationer

    Your criminal record is public - literally anybody could search for you and find your history.

    One of the consequences of committing a crime is losing certain rights.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: My Rights to Privacy As a Probationer

    Your liberties can be taken away with due process. The indictment, trial, sentencing, and the probation department all afforded you plenty of due process. The probation department owns you until you complete it successfully.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: My Rights to Privacy As a Probationer

    If you give us your name and ss number, we can tell you how many times you have been arrested. You could do it with just your name, but an ss number is much more accurate. When you commit a crime, it is for the world to see.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: My Rights to Privacy As a Probationer

    As long as your probation officer shared public information, hhe/she did nothing wrong. If you feel that what was shared went beyond that spectrum, that could change. But, if it involves your criminal history, all anyone would really need to do is go to your Clerk's office and access the information.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: What Are Your Rights to Privacy As a Probationer

    Quote Quoting C-Reezy
    View Post
    My question involves civil rights in the State of North Carolina.
    If y'all need more information feel free to ask. I really want to get to the bottom of this. Do those of us on probation have any privacy at all?
    It has been my experience that many Americans believe that much more information about them is protected by some privacy law than is truly the case. The reality is that a lot of information about you is not protected by any privacy law. The federal Privacy Act of 1974 on applies to records about you that are held by federal government agencies. It does not appear that North Carolina has a similar privacy law that applies to state and local agencies. It does have an open records law that permits any person to get a wide variety of records from state and local government agencies (much like the federal Freedom of Information Act (FOIA) allows any person to get records from federal agencies). That law expressly provides that the following are public records:

    (c) Notwithstanding the provisions of this section, and unless otherwise prohibited by law, the following information shall be public records within the meaning of G.S. 132-1.
    (1) The time, date, location, and nature of a violation or apparent violation of the law reported to a public law enforcement agency.
    (2) The name, sex, age, address, employment, and alleged violation of law of a person arrested, charged, or indicted.
    (3) The circumstances surrounding an arrest, including the time and place of the arrest, whether the arrest involved resistance, possession or use of weapons, or pursuit, and a description of any items seized in connection with the arrest.
    (4) The contents of "911" and other emergency telephone calls received by or on behalf of public law enforcement agencies, except for such contents that reveal the natural voice, name, address, telephone number, or other information that may identify the caller, victim, or witness. In order to protect the identity of the complaining witness, the contents of "911" and other emergency telephone calls may be released pursuant to this section in the form of a written transcript or altered voice reproduction; provided that the original shall be provided under process to be used as evidence in any relevant civil or criminal proceeding.
    (5) The contents of communications between or among employees of public law enforcement agencies that are broadcast over the public airways.
    (6) The name, sex, age, and address of a complaining witness.

    NC G.S. § 132-1.4(c). So, if the information provided to your father is described above, the parole office not only was allowed to disclose it, it would have been required to disclose it upon a proper request by any person. That being the case, the parole officer would not need (and indeed should not ask) who it was that was seeking the information. Even if it was not information described above, the parole officer likely was allowed to disclose it since I see no NC law that would make any part of your criminal record, court records (unless sealed by court order) or parole issues private information that the parole office could not release.

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