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Mosley v. Lowe

The recent amendments to Georgia's criminal history record information statute, O.C.G.A. § 35-3-37, apply to information regarding arrests that occurred prior to the amendments' effective date.

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This case requires us to determine whether recent amendments to this State’s criminal history record information statute, OCGA § 35-3-37, are to be applied to information regarding arrests occurring prior to the amendments’ effective date. Because the statute itself makes clear that it does apply to information regarding arrests pre-dating the amendments, and because such application presents no constitutional problem, we hold that the amendments to the statute do apply here. Accordingly, we affirm the judgment of the superior court.

In February 1996, Appellee Belinda Lowe was arrested and charged in Clayton County 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.

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