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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I have a battery chArge on my record from 1996 I pleaded guilty

Customer Question

I have a battery chArge on my record from 1996 I pleaded guilty too, I am trying to get it expunged, DeKalb County Ga keeps denying my expungement, at this point what can I do, I can't get a decent job with this on my record.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
Please tell me
1 Was it just a Charge or is there a conviction?
2 Did it take place in GA?
3 What type of Battery?
4 What is the reason for the denial, please?
Customer: replied 1 year ago.
Explanation of expungement of record request denied as inappropriate pursuant to OCGA 35 3 3 7 as the case was disposed of through a guilty plea on a 1996
Customer: replied 1 year ago.
Exactly what are they saying
Customer: replied 1 year ago.
I am not able to get a job, because it keeps coming up when I fill out job applications this was Decatur , Ga
Expert:  Samuel II replied 1 year ago.
HelloThank you I suggest they are saying you do not qualify and you are not eligible to Petition for expungment.(3) An individual has the right to have his or her record of such arrest expunged, including any fingerprints or photographs of the individual taken in conjunction with such arrest, if the prosecuting attorney determines that the following criteria have been satisfied:(A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection;(B) No other criminal charges are pending against the individual; and(C) The individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration.YOU MUST meet all of the above criteria not one or the other You have a conviction. Therefore, there was no "dismissal" as referred to in (A) above.You will need to apply for and be granted a Pardon/Executive Clemency first. That will then make you eligble to Petition for the Expungment. They are separate processes.Here is a LINK to apply for the Pardon The application for a General Pardon is within that link.