Title 42, Chapter 8, Section 62
( 42-8-62)
(a) Upon fulfillment of the terms of probation, upon release by the
court prior to the termination of the period thereof, or upon
release from confinement, the defendant shall be discharged without
court adjudication of guilt. Except for the registration
requirements under the state sexual offender registry, the discharge
shall completely exonerate the defendant of any criminal purpose and
shall not affect any of his or her civil rights or liberties; and
the defendant shall not be considered to have a criminal conviction.
It shall be the duty of the clerk of court to enter on the criminal
docket and all other records of the court pertaining thereto the
following: "Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62." Such entry shall be written or stamped in red ink, dated, and signed
by the person making such entry or, if the docket or record is
maintained using computer print-outs, microfilm, or similar means,
such entry shall be underscored, boldface, or made in a similar
conspicuous manner and shall be dated and include the name of the
person making such entry. The criminal file, docket books, criminal
minutes and final record, and all other records of the court
relating to the offense of a defendant who has been discharged
without court adjudication of guilt pursuant to this subsection
shall not be altered as a result of that discharge, except for the
entry of discharge thereon required by this subsection, nor shall
the contents thereof be expunged or destroyed as a result of that
discharge. (b) Should a person be placed under probation or in confinement
under this article, a record of the same shall be forwarded to the
Georgia Crime Information Center. Without request of the defendant a
record of discharge and exoneration, as provided in this Code
section, shall in every case be forwarded to the Georgia Crime
Information Center. In every case in which the record of probation
or confinement shall have been previously forwarded to the
Department of Corrections, to the Georgia Crime Information Center,
and to the Identification Division of the Federal Bureau of
Investigation and a record of a subsequent discharge and exoneration
of the defendant has not been forwarded as provided in this Code
section, upon request of the defendant or his attorney or
representative, the record of the same shall be forwarded by the
clerk of court so as to reflect the discharge and exoneration. |