07-22-2008, 05:19 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,411
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Quote:
Originally Posted by concerned4
HI,
I have 2 cases in GA. One is a DUI and has been pending for 5 years now. The other was a case that was dropped and currently says dead docket- which I was told can be expunged. My lawyer who I have already paid for these cases promised me that he had it expunged, however after recently applying for a job I have found that the arrest is still on my record. I have tried to call my lawyer and he will not return my phone calls or answer my questions. I was told by a friend that I cannot expunge the arrest of the "dead docket" case while my DUI is still pending. Does anyone know if this is true?
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What was the other case for? And were the charges brought against you at the same time?
Georgia law O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only. The arrest is expunged in its entirety from the FBI criminal history record.
The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. All applications must be approved or denied by the appropriate prosecutor.
To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Local Record Expungement. The request for expungement form is a three-part form: - Section One - You will complete Section One and return to the arresting agency.
- Section Two - Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor).
- Section Three - Completed by the prosecutor who will approve or deny the request.
- Once the prosecutor completes their portion, they will forward the complete form to GCIC.
If your attorney has not done so, perhaps you can follow the steps above to address this matter.
Good luck.
Georgia Bureau of Investigation
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