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Sean Derek Gage

Sean Gage’s Answers

2 total

  • Is there a statute of limitations on a dead docket cases in the state of Georgia?

    I have two cases on dead docket and would like to know the statue of limitations.

    Sean’s Answer

    There is new statutory law that just became effective in July of this year that greatly helps people in your situation. The Code section is 35-3-37, and it involves the restriction of access to criminal history information, commonly called expungement. With the enactment of the new law came protections for those who's cases have been on the dead docket for 12 months or longer. In such cases, you may petition the Court in the county where the case in pending to restrict access to your criminal history, including arrest, with respect to those charges. If the Court, after a hearing within 90 days of the filing of the petition, determines that there is good reason to restrict access to your criminal history regarding those offenses, then those charges can be essentially expunged, with the exception of judicial or law enforcement searches, or by employers for law enforcement positions. That specific Code section is 35-3-37(j)(3).

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  • I am applying for a job & it asks about criminal history. How do I answer?

    The application asks- Have you ever committed a crime, been convicted of, plead guilty to, had adjudication withheld or plead “no contest” to a crime (crime means felonies and misdemeanors including vehicular misdemeanors and felonies) or been ...

    Sean’s Answer

    I wouldn't try to sort through what legally fits the definition of the question on your application. Your potential employer won't care about semantics. Best to answer as candidly as possible and explain that the matter is unresolved and you anticipate that the charges will be dismissed.

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