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Georgia State Code
Title      15
Chapter      11  
Section Navigation     1 ... 10         11 ... 21    
    22 ... 30       30.1 ... 38.1  
    39 ... 48         49 ... 64    
    65 ... 73           78 ... 88    
    89 ... 99        100 ... 112   
   113 ... 152       153 ... 176    177     
Section<<< 78 79 79.1 79.2 80 81 82 83 87 88 >>>  
Title 15, Chapter 11, Section 79.2 (15-11-79.2)

(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.

Wednesday October 8 05:17 CDT


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