about 5 years now to get this off.I can not get a job in the Medical Field with this on there,I am at a dead end and tired of lawyers just taking my money to help with this matter,It seems I do all the leg work and they take my money for nothing,I really need to know how to do this,,PLEASE HELP ME!!!
GA law prohibits, generally, the expungement of a charge that has been dismissed by way of a nolle prosequi after a formal accusation or indictment has been returned.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
A prosecutor has the discretion about whether to permit an expungement after the case has been charged if it results in a nolle prose. You have the right to file an appeal of that decision with the superior court in that jurisdiction. Also, this year the legislature passed a new law that will permit expungements in many more cases. It probably will go into effect July 1st if signed by the governor.
In general, you cannot get a Nolle Prossed charge off your record except in very specific circumstances. Those circumstances are:
1) You participated and successfully completed a Pretrial Diversion Program that specifically stated that you would be eligible for expungement.
2) Your case was dismissed because a witness for the State invoked a legal privilege not to testify.
Without knowing the circumstances behind your case being nolle prossed, I can't give you any specific advise as to whether or not expungement of your record will be possible.
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