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Georgia State University Law Review

1997

Arrested but not charged

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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, Raymond L. Peeler Sep 1997

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, Raymond L. Peeler

Georgia State University Law Review

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 …