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  1. #1
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    Default Is There a Georgia State Statute for Expungement

    My question involves criminal law for the state of: Georgia

    I am currently facing one felony drug possesion charge and one misdemeanor drug possesion charge in the state of Georgia in Gwinnett County. My attorney is arranging a first offender status on the charges and I am facing five years of probation. I want to go to medical school in the next two years and I want to know all possibilities and obstacles involved. I am already seeking the option for expungement, but it appears that this is in the hands of the prosecution and the judge. What are the options I have? Also, I need to know what the possibilities are for getting into medical school with such a record, expunged or not. Can anyone offer advice on this matter? My attorney is not yeilding sufficient help in this matter, which is unfortunate. I welcome input from anyone who is or has been involved in a similar matter.

  2. #2
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    Default Re: Is There a Georgia State Statute for Expungement?

    Step by step:

    Call the arresting police agency and request an expungment form. Whe you get that, fill out the required information and reutrn to the agency for their signature.{ This says they will allow for the process to futher}

    Take the signed document to the clerk of court that handled your case and request the prosecuter sign off on it.

    If approved, contact NCIC and mail the orignal document to them for completion of prcess.

    Once this is done, mail compled form to FBI and have them correct it in their computer.

    Process is complete.

    But------------


    There is no promise of anyone refusing it. Most police agncies require $50 fees.

    Be sure to get a letter of recommendation from your probatio/ Parole officer and from wherever you did community services and you must be able to show comm. service was complete, fines and restitutions are paid. You may also wish to gather several letters of recommendation from "pillars" of your community that show they support the expugment. These get turned over with your request for expungment.

    Again, there is NO promise of getting it.

    This is how I did it and I did it from another country even though the offense was committed in GA. Oh, yea, and I am NOT an attorney.

    Medical school is another matter. When I went to med school, I also had to clear the legal issues. It is up to school policy as to whether or not you get in. After that, it is up to the board to permit it.

    Being your record is about drugs, med school may be out. Think from their point a moment: would you want someone with a drug history in a position to write scripts or steal script pads?

  3. #3

    Default Re: Is There a Georgia State Statute for Expungement?

    Be sure to ask very specific questions in this area. Neither Georgia's First Offender Act (Title 42) nor the "conditional discharge" (Title 16) will allow for expungement upon completion of your sentence. Both are "deferred adjudications," meaning that at no time will you be a convicted felon nor misdemeanant, and upon successful completion of your sentence, you will be discharged from any type of adjudication or conviction. However, many defendants are told that these charges "will be erased from your record like they never happened." This is incorrect. Although the Georgia Crime Information Center claims that your "record" will only be shown to law enforcement, your arrest will always appear on your GCIC history, as well as NCIC. Expungement in Georgia is available only in very limited circumstances, and unfortunately, I don't think you qualify based on the facts presented here. For details on expungement, go to Official Code of Georgia Annotated section 35-3-37(d)(1).

  4. #4
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    Default Re: Is There a Georgia State Statute for Expungement?

    I was arrested 2 yrs ago in Ga. Friends of mine who were in the my car with me had drugs, I had weed. When we were pulled over, one of my so called friends threw his pills at me, and they went into the floorboard. Needless to say I was arrested for posession . The charges were dropped and I was only charged with less than an ounce of weed. now 2 yrs later I am looking for a job and this possession charge is showing up on my record, what do I do?

  5. #5
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    Default Re: Is There a Georgia State Statute for Expungement?

    Quote Quoting taterbug
    View Post
    I was arrested 2 yrs ago in Ga. Friends of mine who were in the my car with me had drugs, I had weed. When we were pulled over, one of my so called friends threw his pills at me, and they went into the floorboard. Needless to say I was arrested for posession . The charges were dropped and I was only charged with less than an ounce of weed. now 2 yrs later I am looking for a job and this possession charge is showing up on my record, what do I do?
    Look up three replies before your question. Answers are found there.

  6. #6
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    Default Re: Is There a Georgia State Statute for Expungement?

    My attorney is arranging a first offender status on the charges and I am facing five years of probation
    I am already seeking the option for expungement, but it appears that this is in the hands of the prosecution and the judge. What are the options I have?
    Expungement (if possible) happens AFTER your probation has ended

  7. #7
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    Default Re: Is There a Georgia State Statute for Expungement?

    There has got to be a way. Does this mean that any possibility of medical school is out of the question? I feel like my entire life is ruined. Does anyone have direct experience with a matter like this? Has anyone reading this thread gotten into medical school under these circumstances or does anyone know of such a case?

  8. #8
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    Default Re: Is There a Georgia State Statute for Expungement?

    Quote Quoting jdraper
    View Post
    There has got to be a way. Does this mean that any possibility of medical school is out of the question? I feel like my entire life is ruined. Does anyone have direct experience with a matter like this? Has anyone reading this thread gotten into medical school under these circumstances or does anyone know of such a case?
    As I said, I went to med school with legal issues in tow. It is rare that it happens, but possible to get in. A good deal of hoop jumping is needed. Drug convictions are the hardest to overcome. Personally, I have never met anyone that had a drug conviction before med school and got in, but have known a few after school that were convicted.

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