Top Prosecutors to Help Nonviolent Offenders Restrict Records
"Curative justice events, such as record restriction fairs, can assist thousands of Atlantans in clearing non-violent misdemeanor arrests from their criminal histories, thereby providing another opportunity for success," Atlanta Solicitor Raines F. Carter said.
October 16, 2019 at 01:44 PM
3 minute read
Some of Atlanta's top prosecutors are offering a free legal clinic on Oct. 26 to help block access to criminal records for nonviolent offenders.
"Curative justice events, such as record restriction fairs, can assist thousands of Atlantans in clearing non-violent misdemeanor arrests from their criminal histories, thereby providing another opportunity for success," Atlanta Solicitor Raines F. Carter said in a news release about the event. "In the wake of criminal justice reform and the upsurge of harm reduction and reentry programs, now is an opportune time to offer hope through record restriction. These programs allow offenders a fresh start when it comes to employment and even housing."
Carter will provide information and assistance, along with Fulton County District Attorney Paul Howard and District 3 City Councilmember Antonio Brown.
In Georgia, state law does not use the word "expungement," Carter said. Instead, the process is now referred to as "record restriction." But he said only the name of the process has changed. Record restriction means that eligible records of official criminal history are restricted from public view and are only accessible to law enforcement for criminal justice purposes.
The event is to take place from 10 a.m. to 2 p.m. at Atlanta Municipal Court, Lenwood Jackson Sr. Justice Center, 150 Garnett St. S.W., Atlanta, GA 30303. Registration is open until Oct. 21 at: https://recordexpungement.eventbrite.com.
The symposium is open to all who have been arrested within the city limits of Atlanta and Fulton County. Preregistration will determine eligibility. Participants are asked to bring a copy of their criminal history from any local police station.
If the violation occurred before July 1, 2013, participants will need a certified disposition letter from the clerk of court, located on the second floor of Atlanta Municipal Court, mailed or delivered in advance to the Atlanta Police Department Identification Unit, 3493 Donald Lee Hollowell Pkwy. N.W, Atlanta, GA 30331.
If the violation occurred on or after July 1, 2013, participants may bring the letter and a copy of the criminal history to the symposium next Saturday. Those who have participated in a diversion program also are asked to bring a letter of completion signed by the program director, Carter said.
Cases eligible for restriction include:
- Possession of marijuana, less than an ounce (if the violation has not recurred within five years);
- Theft by shoplifting (up to the third conviction);
- Refund fraud (if the violation has not recurred within five years);
- Possession of drug-related objects (if the violation has not recurred within five years).
- Cases not presented to a grand jury;
- Dismissed cases;
- Not guilty pleas;
- Underage persons in possession of alcohol, (first offense); and
- Closed felony nonconvictions through various means—dead docket, decline to prosecute, dismissal, first offender, no bills, not guilty.
Those interested were directed to the Office of the Fulton County District Attorney website.
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