expungement of dead docket

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?

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

no, the cases were not brought on at the same time. the dui was 5 years ago and is still pending. It was actually an underage drinking case because I was only 19 years old. The other case was a possession case- which I want expunged- which was dropped and now says dead docket. However we all know that still looks bad when you apply for a job, even thought I was not convicted and the charges against me were dropped. Anyways, that happened 2.5 years ago. I have read that article that you sent before, thank you for the info. I am just worried about applying for expungement if my friend was right- f you cannot expunge something from your record while another case is pending- because I have heard if you mess up an expungement or get denied, there is a chance you can never apply again. Therefore my main question is whether or not anyone know if this is true- can you apply and have something expunged while another case is still pending?? If anyone can shed any light I would appreciate it!

If the charges were separate, I don't know why you cannot request expungement of your record for that particular charge.

The best thing to do is to go to the courthouse and ask them when you get a copy of the form ( if you are going to do this yourself )--note, this is a request for PROCEDURAL advice, NOT legal advice since obviously, clerks don't give legal advice any more than they change birth certificates without court orders. I don't know who is telling you this other information--but ask them where their information is coming from and decide if it is a reputable source.

Good luck.