LAW ENFORCEMENT AND OTHER AGENCIES Georgia Bureau of Investigation: Expunge Criminal Records When Arrested But Not Charged or Charges Dismissed; Allow Prosecutor Discretion in Expungement; Provide for Judicial Review of Prosecutor or Agency Decision Against Expunging Record; Provide for Fees for Expungement

Authors

Raymond L. Peeler

Document Type

Peach Sheet

Abstract

The Act allows individuals arrested but not charged, or who have had charges brought against them but dismissed by the prosecuting attorney, to have their criminal records relating to the incident expunged. The Act requires the individual to submit a written request to have his or her record expunged from the arresting agency's files. The Act allows the individual to appeal a refusal to expunge the record. The Act also allows the prosecuting attorney to appeal a decision by the agency to expunge the record. The Act provides criteria which must be met for the record to be expunged. The Act allows the prosecuting attorney discretion in deciding whether to allow expungement. The Act further provides for a fee to cover the costs of expungement. The Act provides that it shall not apply to destruction or expungement of incident reports or jail records.

Recommended Citation

Raymond L. Peeler, LAW ENFORCEMENT AND OTHER AGENCIES Georgia Bureau of Investigation: Expunge Criminal Records When Arrested But Not Charged or Charges Dismissed; Allow Prosecutor Discretion in Expungement; Provide for Judicial Review of Prosecutor or Agency Decision Against Expunging Record; Provide for Fees for Expungement, 14 Ga. St. U. L. Rev. (1997).
Available at: https://readingroom.law.gsu.edu/gsulr/vol14/iss1/30