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:
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
Good luck to you!
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.