X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Catoosa County Sheriff’s Office, acting on the direction of the district attorney, refused James Michael Grimes’s request to expunge his criminal record. Grimes appealed the Sheriff’s Office’s decision to the Superior Court of Catoosa County. The trial court dismissed Grimes’s appeal on the ground that Grimes had been indicted and was therefore not entitled to have his records expunged. We granted Grimes’s application for leave to appeal the trial court’s order. Grimes claims that the trial court erred i in dismissing his appeal on the ground that he had been indicted and ii in denying him a de novo hearing thereon. We agree with Grimes that he had the right to seek expungement of his records notwithstanding the fact that he was indicted before the charge against him was nolle prossed. Accordingly, we reverse and remand with direction. Grimes’s appeal to the superior court was pursuant to OCGA § 35-3-37 d 6. Appeals thereunder are as provided in OCGA § 50-13-19, which addresses judicial review of administrative decisions. “When this Court reviews a superior court’s order in an administrative proceeding, our duty is not to review whether the record supports the superior court’s decision but whether the record supports the final decision of the administrative agency.” Lamar Co., LLC v. Whiteway Neon-Ad , 303 Ga. App. 495, 498 693 SE2d 848 2010. Our review as to conclusions of law, which are at issue here, is de novo. Id.

The record shows that Grimes submitted a request to the Sheriff’s Office seeking expungement of his record in Criminal Action No. 2005 CR 289.1 The charges in that action had been ordered nolle prossed. The Sheriff’s Office declined to expunge Grimes’s records and informed him that his request had been denied by the district attorney. Pursuant to OCGA § 35-3-37 d 6, Grimes appealed the Sheriff’s Office’s decision to the Superior Court of Catoosa County. The matter came before the trial court for a hearing, at which time the district attorney’s office moved for dismissal of Grimes’s appeal on the ground that an indictment had been issued and Grimes was therefore barred from having his records expunged. The trial court adjourned the hearing to take the motion under advisement and, upon determining that Grimes “was indicted and as such is not entitled to have his records expunged,” subsequently dismissed the appeal.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›