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. (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. 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. 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. (5) It shall be the duty of the agency to notify promptly the center of any records which are expunged pursuant to this subsection. 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. Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved under Brady v. (4) The agency shall expunge the record by destroying the fingerprint cards, photographs, and documents relating exclusively to such person. (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. (B) No other criminal charges are pending against the individual and (A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection (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: 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. 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. (2) Upon receipt of such written request, the agency shall provide a copy of the request to the proper prosecuting attorney. 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. Such request shall be in such form as the center shall prescribe. (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, including any fingerprints or photographs of the individual taken in conjunction with such arrest, from the agency files. (A) Arrested for an offense under the laws of this state but after such arrest is released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution or Please call us at 40 to see if you are eligible within the guidelines of O.C.G.A. Expungements - Let us at Shenberg Law Group, LLC try to help you expunge your criminal arrest(s) in Georgia.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |