15-11-79.2
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15-11-79.2.
(a)
Upon dismissal of a petition or complaint alleging delinquency or unruliness,
or, in a case handled through informal adjustment, following completion of the
informal adjustment, the court shall order the sealing of the files and records
in the case, including those specified in Code Sections 15-11-82 and 15-11-83.
(b)
On application of a person who has been adjudicated delinquent or unruly or on
the court´s own motion, and after a hearing, the court shall order the
sealing of the files and records in the proceeding, including those specified in
Code Sections 15-11-82 and 15-11-83, if the court finds that:
(1)
Two years have elapsed since the final discharge of the person;
(2)
Since the final discharge of the person he or she has not been convicted of a
felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent
or unruly child and no proceeding is pending against the person seeking
conviction or adjudication; and
(3)
The person has been rehabilitated.
(c)
Reasonable notice of the hearing required by subsection (b) of this Code section
shall be given to:
(1)
The district attorney;
(2)
The authority granting the discharge if the final discharge was from an
institution or from parole; and
(3)
The law enforcement officers or department having custody of the files and
records if the files and records specified in Code Sections 15-11-82 and
15-11-83 are included in the application or motion.
(d)
Upon the entry of the order the proceeding shall be treated as if it had never
occurred. All index references shall be deleted and the person, the court, the
law enforcement officers, and the departments shall properly reply that no
record exists with respect to the person upon inquiry in any matter. Copies of
the order shall be sent to each agency or official therein named and shall also
be sent to the deputy director of the Georgia Crime Information Center.
Inspection of the sealed files and records thereafter may be permitted by an
order of the court upon petition by the person who is the subject of the records
and only by those persons named in the order or to criminal justice officials
upon petition to the court for official judicial enforcement or criminal justice
purposes.
(e)
Except as otherwise provided by the court, no order sealing files and records
under this Code section may be issued regarding any proceeding in which the
general public may not be excluded from the hearing under subsection (a) or (b)
of Code Section 15-11-78.