Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Is it possible to have an arrest record expunged when you were

Customer Question
your verdict was an aqquital...
Is it possible to have an arrest record expunged when you were your verdict was an aqquital by a jury and you were found not guilty ?
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 23 minutes by:
1/2/2011
Criminal Lawyer: AlexiaEsq., Managing Attorney replied 7 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Criminal Law.
Verified
Hi, there are instances when you can get an arrest expunged, but I believe your prosecutor to be correct, under the law, in this case. Please know that I do NOT agree with this law, as I know that an arrest record can be damning, and inappropriately so when followed by an acquittal. Unfortunately, your GA legislature doesn't agree. Here is your expungment statute - look at section (d).....I'm very sorry this is what is says:

35-3-37.

(a) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this article.

(b) The center shall make a person´s criminal records available for inspection by such person or his or her attorney upon written application to the center. Should the person or his or her attorney contest the accuracy of any portion of the records, it shall be mandatory upon the center to make available to the person or such person´s attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, identification, and other related aspects pertinent to access to records may be prescribed by the center.

(c) If an individual believes his or her criminal records to be inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency´s decision to be unsatisfactory, the individual or his or her attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his or her residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient service on the agency having custody or control of disputed record that such appeal has been entered. Should the record in question be found to be inaccurate, incomplete, or misleading as set forth in paragraph (3) of subsection (d) of this Code section, the court shall order it to be appropriately expunged, modified, or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his or her custody, possession, or control to be altered in accordance with the court´s order. Notification of each such deletion, amendment, and supplementary notation shall be promptly disseminated to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered.

(d)

(1) An individual who was:

(A) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution; (Unfortunately, this doesn't apply to you.) or

(B) After such offense referred to the proper prosecuting attorney, and the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation may request the original agency in writing to expunge the records of such arrest, [also doesn't apply] including any fingerprints or photographs of the individual taken in conjunction with such arrest, from the agency files. Such request shall be in such form as the center shall prescribe. Reasonable fees shall be charged by the original agency and the center for the actual costs of the purging of such records, provided that such fees shall not exceed $50.00.

(2) Upon receipt of such written request, the agency shall provide a copy of the request to the proper prosecuting attorney. Upon receipt of a copy of the request to expunge a criminal record, the prosecuting attorney shall promptly review the request to determine if it meets the criteria for expungement set forth in paragraph (3) of this subsection. If the request meets those criteria, the prosecuting attorney shall review the records of the arrest to determine if any of the material contained therein must be preserved in order to protect the constitutional rights of an accused under Brady v. Maryland.

(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.

(4) The agency shall expunge the record by destroying the fingerprint cards, photographs, and documents relating exclusively to such person. Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved under Brady v. Maryland shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court of record of this state.

(5) It shall be the duty of the agency to notify promptly the center of any records which are expunged pursuant to this subsection. Upon receipt of notice from an agency that a record has been expunged, the center shall, within a reasonable time, restrict access to the criminal history of such person relating to such charge. Records for which access is restricted pursuant to this subsection shall be made available only to criminal justice officials upon written application for official judicial law enforcement or criminal investigative purposes.

(6) If the agency declines to expunge such arrest record, the individual may file an action in the superior court where the agency is located as provided in Code Section 50-13-19. A decision of the agency shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in paragraph (3) of this subsection or subparagraphs (A) through (G) of paragraph (7) of this subsection. The court in its discretion may award reasonable court costs including attorney´s fees to the individual if he or she prevails in the appellate process. Any such action shall be served upon the agency, the center, the prosecuting attorney having jurisdiction over the offense sought to be expunged, and the Attorney General who may become parties to the action.

(7) After the filing of an indictment or an accusation, a record shall not be expunged if the prosecuting attorney shows that the charges were nolle prossed, dead docketed, or otherwise dismissed because:

(A) Of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction;

(B) The government was barred from introducing material evidence against the individual on legal grounds including but not limited to the grant of a motion to suppress or motion in limine;

(C) A material witness refused to testify or was unavailable to testify against the individual unless such witness refused to testify based on his or her statutory right to do so;

(D) The individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute for reasons of judicial economy;

(E) The individual successfully completed a pretrial diversion program, the terms of which did not specifically provide for expungement of the arrest record;

(F) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or foreign nation; or

(G) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution.

(8) If the prosecuting attorney having jurisdiction determines that the records should not be expunged because the criteria set forth in paragraph (3) or subparagraphs (A) through (G) of paragraph (7) of this subsection were not met, and the agency or center fails to follow the prosecuting attorney´s recommendation, the prosecuting attorney having jurisdiction over the offense sought to be expunged or the Attorney General may appeal a decision by the agency or center to expunge a criminal history as provided in Code Section 50-13-19.

(9) An individual who has been indicted or charged by accusation that was subsequently dismissed, dead docketed, or nolle prossed may request an expungement as provided by paragraphs (1) through (3) of this subsection; provided, however, that if the prosecuting attorney objects to the expungement request within 60 days after receiving a copy of said request from the agency, the agency shall decline to expunge and the individual shall have the right to appeal as provided by paragraph (6) of this subsection.

(10) Nothing in this subsection shall be construed as requiring the destruction of incident reports or other records that a crime was committed or reported to law enforcement. Further, nothing in this subsection shall be construed to apply to custodial records maintained by county or municipal jail or detention centers. It shall be the duty of the agency to take such action as may be reasonable to prevent disclosure of information to the public which would identify such person whose records were expunged.

(e) Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees not to exceed $3.00, or restrictions including fingerprinting as are reasonably necessary to assure the records´security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for inspection of records.

(f) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall not apply to proceedings under this Code section.

(g) If the center has notified a firearms dealer that a person is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person´s being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person´s eligibility to possess or transport a handgun.


-----

Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com, so PRO BONO work for the disabled may continue over the holiday/winter season. You may always follow up with me after doing so. Positive feedback and a BONUS added to your donation are also always appreciated. Thank you and the best of luck.

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in Criminal Law.
Verified
AlexiaEsq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask AlexiaEsq. Your Own Question
AlexiaEsq.
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13,580
13,580 Satisfied Customers
Experience: 19+ Years of Legal Practice in Criminal Law.

AlexiaEsq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have a dismissed petty theft misdemeanor from over 7 years
I have a dismissed petty theft misdemeanor from over 7 years ago, will this keep me from getting a licenses from FINRA? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers
I believe my court appointed attorney lied to me in order to
I believe my court appointed attorney lied to me in order to pressure me into a plea bargain lied to me in order to pressure me into a plea bargain. I later found out that I had been way over charged … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I need some legal advice about a theft in which I was the
I need some legal advice about a theft in which I was the primary victim but somehow my name wasn't included on the actual police report.… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers
My nephew did try to robba guy with a gun and shot himself
my nephew did try to robba guy with a gun and shot himself in the leg. The robbery went bad and he went home and his sister and sisters boyfriend took the gun so his mom wouldnt find out. not knowing … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My 18 yr daughter .. was at a party in April 2017 her and a
My 18 yr daughter .. was at a party in April 2017 her and a girl got into a fight the girl threw a bottle at daughter .. daughter threw one back and hit on the head .. the girl went to daoctor and got… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
33 satisfied customers
My gf and i are trying to get her off parole which end 2020.
My gf and i are trying to get her off parole which end 2020 … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I was arrested in Henrico,Va for DUI. Henrico Co., arrested
Henrico Co. Virginia , arrested 06/24/2017 for DUI , Went iIwas brought into the police station I did not take the breathalizer and repeatedly requested a blood test. The officer angrily stated that would require him to obtain a search warrant before he could take me to the hospital for the blood draw. shortly i was taken to the hospital. I was never presented nor did i ever see a warrant of any kind. After the blood draw I asked the officer how lond was I going to be detained ? He then stated "ON THE POLICE VIDEO" that he had to take me back to the station to obtain a warrant ?? I feel this was an illegal blood draw without a warrant. I have been to court and was sentenced, however, i feel i have a pending law suit because i was never presented nor saw any warrant. I spent eight days and eight nights in a jail pod built to hold 32 inmates, the population fluctuated form 96 to 102 inmates. I was forced to spend all my time on the wet concrete floor directly next to the overflowing toilet with garbage etc surrounding me. My main issue right now is the fact "RECORDED ON THE POLICE TAPE "which I have" That my blood was drawned without a warrant ?? Thanks for your time and kind consideration ! … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
Police inpound my car cause dog hit on it still have not
police inpound my car cause dog hit on it still have not found out where its at do they have to serve me with a search warrant to search it … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers
TO WRITE A LETTER TO A JUDGE IN BEHALF OF MY BROTHER BUT I
I AM TRYING TO WRITE A LETTER TO A JUDGE IN BEHALF OF MY BROTHER BUT I DONT KNOW WHERE TO START… read more
Guillermo Senmartin
Guillermo Senmartin
Attorney At Law
Juris Doctor
27,404 satisfied customers
How many times a person needs to be blackmailed so it would
how many times a person needs to be blackmailed so it would be eligibal for prison … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
I have received an summon for defiant trespassing from a
I have received an summon for defiant trespassing from a casino in Pittsburgh pa … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Trying to figure out exactly what the SOL is on this case so
Trying to figure out exactly what the SOL is on this case so we can figure out whether to proceed or not even. This happened approx in 1999-2000 over that period .. 14-15 year old boy would grope a 7-… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
My daughter is staying with my mom right now in Michigan and
my daughter is staying with my mom right now in Michigan and she is only 15 and she is talking about marring a 26 year old man can she do this if my mom is a temporary gaurdian give her permission to … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
How can I get photos and trial transcripts from my husband's
how can I get photos and trial transcripts from my husband's criminal trial? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Verify the following: company: world traders recovery
please verify the following : company : world traders recovery people: William daley and Garry Sander phoe: 1-888-578 5900 new York - recovery of my money scammed by binary option traders they claim t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
My car is being held by the police. They told me to email
My car is being held by the police. They told me to email the police officer with the case number ***** ask for a release of my car. I don't feel comfortable talking to a police officer by myself beca… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
Is it grounds for dismissal in court for a state trooper not
is it grounds for dismissal in court for a state trooper not certified on a datamaster for dui … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
I just looked on my case in IN I had previously violated
Hi I just looked on my case in IN I had previously violated probation once before due to health reasons and they extended it, and they put out Warrant or Writ of Attmnt for the Body of a Person Issued… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x