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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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Hello, I am interested in pursuing a MISDEMEANOR ...

Customer Question

Hello, I am interested in pursuing a MISDEMEANOR EXPUNGEMENT in the state of Georgia, Hall Co. I was arrested for reckless conduct with a firearm. I was in my back yard, in a safely delevoped targeted rifle range, and a 10 year old kid thought that I was shooting at him, ran home, told mom, she called the cops, and I was subsequently arrested. The DA insisted to go to court as there was a minor involved. My attoney told me that the DA never interveiwed the plaintiffs as he ask and was unable to attain any records of any interveiw. At court, no one showed up except for me, and my case was dismissed. I applied for an expungement a year later, and was denied with a reason of "case was dismissed for want of prosecution on Sept 2006 and expungement does not meet all statutory requirements." Thats it. Thats the only reason. My attoney told me that he can get this expunged at a cost of $4500. So this is a contradiction that leads me to believe its all about the $. Is there any help for this?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Cowgirl Lawyer replied 8 years ago.
Hello, Customer,

Because your case did not result in a conviction, you should be eligible, eventually, to have the record of the charge expunged. However, there is a specific process under the statute that you must comply with in order to accomplish your goal. If you did not follow each of these steps previously, that would be why the court dismissed the expungement as failing to meet all statutory requirements. The statute you must follow is O.C.G.A. § 35-3-37(d) (1).

First, you must fill out the appropriate application, as required by statute. Here is an on-line pdf form which includes relevant portions of the statute along with a copy of the application form:

http://www.chambleega.com/client_resources/departments/police/Records%20Expunge.pdfI

Copy and paste that web address in your browser, or try this live link (sometimes live links are not compatible with all browsers):

http://www.chambleega.com/client_resources/departments/police/Records%20Expunge.pdf

If for whatever reason you are still unable to access this form on-line, you may contact the arresting agency (the police department or sheriff's department that originally arrested you) and request a form.

Second, after filling out your portion of the form, you must take this form to the arresting law enforcement agency. They must approve your application and the form must be signed by them.

Third, the prosecutor must approve the expungement. If the prosecutor approves your request, the expungement is forwarded to the Georgia Crime Information Center (GCIC), where your records are sealed and only available to law enforcement. The arrest is to be removed from your FBI criminal history.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

Customer: replied 8 years ago.
Hello,

Thank you for your reply. I didnt have enough space in the limited question box to give more details about my situation. The 3 items that you offered, are of the same information and steps that I have already performed. I have already 1.)completed, and 2.)submitted a form given to me by the arresting agency along with $30 and 3.) the expungment is denied by the prosecutor because it does not meet all statutory requirements. But there is no other explantion other than "case was dismissed for want of prosecution" and I was asking your for direction, or other information that I can use to help me in this quest. I can see now that I'm going to have to pay the big $'s to my defending attorney to expunge this. I find this hard to swallow because it looks to me, like its a matter of paying the big bucks, and to whom it get filterd down to in the way of payoffs. I cant afford $4500 to clear my name of a wrongful arrest. I have never been arrested before, or ever been in trouble and I'm 52. This arrest should never have happened, but here in the south, the police are all powerful. Right up there next to god. I have a perfctly clean 52 year history, and now this happen because of a few over zealous poilce. Now I carry an unwarrented bad record for the rest of my life. As I said, thank you for you time, but this information will not help me as I've already been there.
Expert:  Cowgirl Lawyer replied 8 years ago.
OK, if you followed those steps, you have followed the statute.

Unfortunately, you have no right to an expungement. Georgia is notoriously difficult on the issue of expungements. All must actually agree to it. The prosecutor is not wanting to agree. My reading of the statute is that a case may qualify if it has been dismissed,or nolle prossed (which is a dismissal for want of prosecution). However, it cannot happen without the prosecution's agreement.

There is one quibble that I can think of that could be the prosecutor's hang up, concerning this nolle prosse case. If you are still within the time frame in which the prosecution COULD reinstate the charge and prosecute the case, ie., if the statute of limitations has not yet expired, it could be that the prosecutor would, after the expiration of the statute of limitations, agree to the expungement. With a nolle prosse, a prosecutor can renew the charge if done before the expiration of the statute of limitations.

You are right that the police have god-like powers. That is true in more places than the South! And I tend to agree that a fee of $4,500 is high for handling this sort of matter.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.



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