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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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A criminal charge was placed on my son record when was

Customer Question

A criminal charge was placed on my son record when was eleven years old by clerical error.I have the original charge from the judge of what it suppose to be.what needs to be done to get this off his record?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard. Under the GA Code, it is supposed to be as simple as bringing the matter to the attention of the clerk and they should correct the record. You can read that statute at this Link. at O.C.G.A. 35-3-37 (e)-(g)

However, if the clerk will not correct the error then you will need to file a Motion to Correct Clerical Error and Amend Criminal Record and file that with the court. When you discuss this with the clerk, tell them you need the form to file Nunc Pro Tunc to correct the error.

(g) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

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