06 LC 21
8813
House
Bill 1563
By:
Representatives Hatfield of the
177th,
Mumford of the
95th,
and Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating
to inspection of criminal records and purging, modifying, or supplementing of
records, so as to provide that a person who is found not guilty after a criminal
trial shall be entitled to have the record of his or her arrest expunged; to
provide for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 35-3-37 of the Official Code of Georgia Annotated, relating to
inspection of criminal records and purging, modifying, or supplementing of
records, is amended by striking in its entirety paragraph (1) of subsection (d)
and inserting in lieu thereof the following:
"(1)
An individual who was:
(A)
Arrested for an offense under the laws of this state but subsequent to such
arrest is released by the arresting agency without such offense being referred
to the prosecuting attorney for prosecution;
or
(B)
After such offense referred to the proper prosecuting attorney, and the
prosecuting attorney dismisses the charges without seeking an indictment or
filing an
accusation;
or
(C)
Acquitted after a trial of the charges relating to an arrest
may
request the original agency in writing to expunge the records of such arrest,
including any fingerprints or photographs of the individual taken in conjunction
with such arrest, from the agency files. Such request shall be in such form as
the center shall prescribe. Reasonable fees shall be charged by the original
agency and the center for the actual costs of the purging of such records,
provided that such fees shall not exceed
$50.00."
SECTION
2.
The
provisions of this Act shall apply to arrests which occurred before July 1,
2006, as well as to arrests occurring on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.