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Gibbs v. Bright

The trial court did not err in denying a request to restrict access to the petitioner's criminal history record information pertaining to his convictions on charges of child molestation, enticing a child for indecent purposes and solicitation of sodomy, which were reversed on appeal and nolle prossed on remittitur.

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Indicted on numerous counts of sexual offenses, Troy Lee Gibbs was brought to trial in the Superior Court of Wilkerson County, which proceeding ended by mistrial after the jury failed to reach a verdict.1 At his second trial, the jury found Gibbs guilty of nine counts of child molestation, two counts of enticing a child for indecent purposes, and two counts of solicitation of sodomy; Gibbs was sentenced to imprisonment.2 But Gibbs’s convictions were reversed by this court,3 and after the case was remitted to the superior court in October 2007, an order of nolle prosequi was entered. Thereafter, in February 2014, Gibbs petitioned the Superior Court of Wilkerson County, pursuant to Georgia’s record-restriction statute, OCGA § 35-3-37, to restrict access to his criminal history record information for the underlying offenses,4 and to grant him attorney fees incurred in pursuing said record restriction. In his petition, Gibbs named as respondents the Wilkinson County District Attorney, Fred Bright, as well as the Wilkinson County Sheriff’s Office. The superior court conducted a hearing, then denied Gibbs’s petition. Gibbs appeals. For reasons that follow, we affirm.

At the hearing, the state argued that Gibbs’s petition was governed by paragraph j 2 of OCGA § 35-3-37, which states:

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