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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am married to a prisoner in the Georgia department of corrections,

Customer Question

I am married to a prisoner in the Georgia department of corrections, I have a criminal past from 7 years ago, i relocated to Ga in april to be able to visit my husband after contacting Atlanta's central office to find out it my past would be a problem, i was told as long as there is nothing pending and everything is over, no probation or parole. However I submitted my request to Baldwin state and was denied for the same reason, I believe this is discrimination first there have been prisoner who were locked up in Ga got out and were approved to see other inmates in the same facility. Plus this is a violation of my civil rights to be able to see my husband. Do you think I may have a case?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 years ago.
I'm linking you to the Georgia Department of Corrections FAQ page regarding visitation policies and procedures. You have probably seen this and have already done what is required of you, but just in case you missed a step, you might want to see it.

From what I see, if your husband requests you to be put on his list of approved visitors, and if your GCIC criminal history report has been clear for at least the last year, you should not be denied visitation rights on the basis of your criminal history. There are, as you can see from the FAQs other possible reasons you might not be able to visit your spouse. But if the denial was, as you indicate, just because you are an ex-felon, this might well constitute discrimination. You might try calling the American Civil Liberties Union. They are challenging as unconstitutional a number of issues in Georgia prisons. I don't know that they can help directly with your particular matter, but they might be able to steer you somewhere that would.

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This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

If I've helped, please click the green Accept button so I can get credit for my work.

This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.