Rickman, Judge.Gordon Austin appeals the lower court’s denial of his petition to seal records pursuant to OCGA § 42-8-62.1, Georgia’s statute limiting public access to first offender records in the custody of the clerk of court. Finding no error in the trial court’s judgment, we affirm.
The record reflects the following. On August 6, 2009, in the Superior Court of Carroll County, Austin, a dentist, entered a negotiated plea of guilty pursuant to North Carolina v. Alford[1] and Georgia’s first offender law, OCGA § 42-8-60[2] et seq., to six misdemeanor counts of theft by taking in connection with alleged fraudulent billing of the State of Georgia Medicaid program. Austin was sentenced to serve 5 years on probation. In April 2012, Austin filed a motion for early termination of his probation. The record reflects that in June 2012, the lower court entered an order granting his motion, and terminating his probation, “as of June 8, 2012.” On August 18, 2016, the lower court entered an “Order of Discharge,” which contained a handwritten notation of “nunc pro tunc the 8th of June, 2012.” That document ordered and directed that, “in accordance with the provisions of the . . . First-Offenders Act,” Austin be discharged without court adjudication of guilt; the discharge shall completely exonerate Austin of any criminal purpose, not affect any of Austin’s civil rights or liberties, and not be used to disqualify Austin in any application for public or private employment or appointment to office; and Austin shall not be considered to have a criminal conviction.On July 13, 2016, Austin filed a petition to seal his records pursuant to OCGA § 42-8-62.1 (d). OCGA § 42-8-62.1 (c) and (d) provide as follows.(c) An individual who has been exonerated of guilt and discharged pursuant to this article, including those individuals exonerated of guilt and discharged prior to July 1, 2016, may petition the court that granted such discharge for an order to seal and make unavailable to the public the criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant’s criminal history record information in the custody of the clerk of court, including within any index. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice.
