Use of expunged record in civil trial?

[AlexB18]

What is the name of your state (only U.S. law)? FL

I'm the plaintiff in a lawsuit and was wondering if the defense can use expunged criminal records (after a nolle prosequi) as any form of evidence... not to impeach but is it admissible evidence?

 

[tranquility]

Why do they want to introduce it?

 

[AlexB18]

They don't as of yet. However, the administrative proceedings improperly charged this person with being charged with a crime... a year after they were informed of it. No other codes of conduct or policy or whatever else were broken. Truly a railroading. The information they used to determine this might come up. However, the police report, background check, etc are irrelevant because it is now expunged... just the fact that they used that information seems relevant. I think specific information relating to that would serve no purpose other than to smear and to distract.

 

[tranquility]

Information can be used in court if it is relevant.

To prevent introduction of relevant evidence requires a reason.

That something was expunged does not make it not information, nor is it a reason absent state-specific statute describing the only uses of it. However, since the information is already out there, I don't see how even a specific statute will help. To find a reason, requires knowing why the information is being introduced.