(a) 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 and 15-11-83, 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. (b) Reasonable notice of the hearing 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 and 15-11-83 are included in the application or motion. (c) 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. (d) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (a) or (b) of Code Section 15-11-78. |