Mosley v. LoweAnnotate this Case
This issue this case presented for the Supreme Court's review centered on whether amendments to Georgia's criminal history record information statute, OCGA 35-3-37, should to be applied to information regarding arrests occurring prior to the amendments’ effective date. In February 1996, Appellee Belinda Lowe was arrested and charged with simple assault. When the victim thereafter failed to appear for trial, the State moved to nolle pros the charge for want of prosecution, and the court granted the motion in May 1996. In August 2014, after the effective date of recent amendments to the criminal history record information statute, Lowe applied to the Clayton County Sheriff’s Office to have her arrest record restricted. The Clayton County Solicitor General denied the request, and Lowe then petitioned the superior court for judicial review, naming as respondents Clayton County Solicitor General Tasha Mosley and Clayton County Sheriff Victor Hill (collectively, “Mosley”). Following a hearing, the superior court determined that Mosley had erred in denying Lowe’s application. Having reviewed the record and
the applicable law, the Supreme Court agreed with the superior court’s conclusions.