2010 Georgia Code
TITLE 15 - COURTS
CHAPTER 11 - JUVENILE PROCEEDINGS
ARTICLE 1 - JUVENILE PROCEEDINGS
PART 8 - ACCESS TO RECORDS AND HEARINGS
§ 15-11-79.2 - Sealing of records; grounds; notice and hearing; effect of order; limitation on issuing orders
. Sealing of records; grounds; notice and hearing; effect of order; limitation on issuing orders
(a) Upon dismissal of a petition or complaint alleging delinquency or unruliness, or, in a case handled through informal adjustment, following completion of the informal adjustment, the court shall order the sealing of the files and records in the case, including those specified in Code Sections 15-11-82
(b) On application of a person who has been adjudicated delinquent or unruly or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-82
, if the court finds that:
(1) Two years have elapsed since the final discharge of the person;
(2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against the person seeking conviction or adjudication; and
(3) The person has been rehabilitated.
(c) Reasonable notice of the hearing required by subsection (b) of this Code section shall be given to:
(1) The district attorney;
(2) The authority granting the discharge if the final discharge was from an institution or from parole; and
(3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-82
are included in the application or motion.
(d) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named and shall also be sent to the deputy director of the Georgia Crime Information Center. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes.
(e) The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16.
Graham Syfert - Jacksonville Lawyer