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Savannah GA law dating someone 18

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Savannah GA Law Dating Someone 18

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When we think about a love story, many of us first think of the story of Romeo and Juliet. This Shakespearean tale is one that has stuck with many for decades. In this story, love is the focus and it supersedes all other values the couple has, including loyalties and emotion. This love was so strong that it was held together through everything else. What if both parties are underage? Rape under Georgia law is broken down into two : rape and statutory rape.

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Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes.

Avoiding a felony: has your teen found their romeo or juliet?

Under the new law, if your arrest is not referred for prosecution, it will be restricted from your GCIC criminal history record automatically after a period of two 2 years for misdemeanors, four 4 years for most felonies, and seven 7 years for serious violent and sex-related felonies. These automatic provisions of the law apply to arrests before and after July 1, If you were arrested before July 1,the record remains on your official criminal history unless the charge s qualifies for record restriction and you complete the restriction application process.

If you are arrested after July 1, and the charge s qualifies for restriction, the arrest s will be restricted by GCIC when the disposition is entered into the GCIC database by the prosecutor or clerk of court. Regardless of the date of your arrest, if your case was placed on the dead docket you will need to wait twelve 12 months from the date the case was placed on the dead docket to file an action in superior court for restriction.

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Generally, cases that are closed without conviction qualify for restriction. You were acquitted, but within ten 10 days of the verdict, the prosecution convinces the court not to restrict, or it is later determined there was jury tampering or judicial misconduct.

Certain misdemeanor convictions that occurred before you turned twenty-one 21 years old qualify for restriction. To qualify, you must have successfully completed your sentence, and in the five 5 years before you request restriction, you cannot have been charged with any offense, other than minor traffic offenses.

You may be able to have a felony charge restricted if it was closed without conviction, and you were only convicted of an unrelated misdemeanor offense in that case. The court will determine whether restriction is appropriate considering the harm the record is causing you i. You are not eligible for restriction if you were convicted of a lesser included offense of the felony charge. Georgia law does not allow for the restriction of an entire criminal history. You must apply separately for record restriction of each eligible arrest. Under current Georgia law, felony convictions are never eligible for restriction.

It does not matter how much time has passed since your conviction. If you have been convicted of a felony, you may be eligible for a pardon from the State Board of Pardons and Paroles. The final disposition reflects how the case was resolved and should be on your criminal history. You will have to pay a few dollars for the document. Review the disposition, and determine if the charge is eligible for restriction.

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If you never had to appear in court after you were released from jail, the charge should be restricted automatically after a certain period of time by GCIC and the arresting agency. A record can also be restricted after the statutorily required periods if the final disposition no longer exists or cannot be located. Under the Conditional Discharge Act O. Beginning on July 1,those individuals who have been discharged under the Conditional Discharge Act qualify for record restriction. If you were arrested and sentenced under the Conditional Discharge Act before July 1,you must complete an application for restriction.

If you are arrested and sentenced after July 1,your charges are restricted upon successful completion of your sentence as soon as the appropriate disposition is entered by the clerk of court or prosecutor. If you are arrested after July 1,and successfully complete a drug court or mental health court treatment program, the charges handled in that court will be restricted five 5 years after you complete the program.

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To qualify you must have no arrests within that five 5 year period, other than minor traffic offenses. You or your attorney should make sure the clerk of court or prosecutor enters the restriction into the GCIC database after the five 5 years have elapsed. If you successfully completed a drug court or mental health court program before July 1,you need to apply for restriction with the arresting agency. To qualify you must have no arrests, other than minor traffic offenses, within the last five 5 years.

An Alford Plea is a conviction even though you do not acknowledge guilt or fault. A plea of nolo contendere no contest is a conviction even though you do not acknowledge guilt or fault.

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The case can be reinstated any time by the court. The case, therefore, is still pending while on the dead docket and some employers may not hire you for this reason. If your case was placed on the dead docket and the state has not moved forward with prosecution after twelve 12 months, you can ask the court to restrict the record. Yes, your application will be reconsidered under the criteria in the new law.

If your application was denied in the past and the charge s now qualify under the new law, you should reapply. The process for restriction depends on when you were arrested and how the case was resolved. Some arrests are restricted automatically after a certain period of time if the arrest has not been referred for prosecution.

If you were arrested before July 1,and your charge s was not indicted or accused, the case against you was dismissed and none of the exceptions applyor you were acquitted at trial, you will need to apply for restriction through the arresting agency and pay any required fees.

The new law requires that the application process be completed within days. If you are arrested after July 1,and your charge s is not indicted or accused, the case against you is dismissed and none of the exceptions applyor you are acquitted at trial, the charge s will be restricted when the clerk of court or prosecutor enters the appropriate disposition into the GCIC database. You do not need to apply for restriction or pay a fee.

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The new law requires you file an action in superior court to restrict certain types of records. The new restriction law states that if you were arrested before July 1, you are to apply for restriction at the arresting agency. When your case is resolved you should ask the prosecutor how the disposition will be entered on your GCIC criminal history record and whether you will need to apply for restriction.

If the prosecutor advises that you apply for the restriction of the record, you should contact the arresting agency and complete the application process for restriction.

Georgia statutory rape laws

If you are unsure of how the disposition was entered into the GCIC database, you should get a copy of your GCIC criminal history record at least thirty 30 days after the case is resolved to see if it has been restricted from your criminal history. The old restriction process in Georgia covered only the criminal history information maintained by the Georgia Crime Information Center GCIC and the arresting law enforcement agency.

Once the record is no longer publicly available, federal law requires that private background companies remove the information about the case from the databases if the information cannot be verified. If a criminal record is restricted but you tell an employer that you were never arrested, you run the risk of not being hired or being fired for lying on your application. If asked about arrests, even if they have been restricted, it may be in your best interest to inform potential employers, licensing agencies or housing providers about the case.

Make sure they are aware you were not convicted and the restriction process is complete. Keep a copy of your official criminal history and a copy of any paperwork you have regarding the restriction. Make a copy available for a potential employer or current employer who is interested in confirming the information.

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When a charge is dismissed or otherwise closed without conviction, you may qualify for restriction expungement. See O. NOTE: You do not qualify for restriction if your charge was indicted but later closed without conviction because:. Eligible arrests occurring after July 1, will be restricted expunged from your criminal history by the Georgia Crime Information Center GCIC as soon as the disposition is entered into the GCIC database, and the arresting agency within thirty 30 days of the entry.

Eligible arrests occurring before July 1, must be restricted by completing a multi-step application process.

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The process can take up to days and is as follows:. In other words, you need the file sealed more than the public needs access to the file. You can restrict records maintained by jails and detention centers if the records have already been restricted. If your conviction was vacated by the trial court or reversed by an appellate court, the record may be eligible for restriction expungement.

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The case is still pending while on the dead docket and some employers may not hire you for this reason. If your case was placed on the dead docket, you can ask the court to restrict expunge the record after it has been on the dead docket for a period of twelve 12 months. If you were convicted of certain misdemeanor charges when you were under the age of twenty-one 21you can petition to have the record s restricted expunged.

You were convicted of a misdemeanor or a series of misdemeanors arising from a single incident.

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You have not been charged with a criminal offense in the last five 5 years before you are petitioning for restriction excluding non-serious traffic offenses. You can have a felony charge restricted on your criminal history if it was closed without conviction and you were convicted only of an unrelated misdemeanor offense in the case. Under the new record restriction law effective July 1,most eligible charges will be restricted from your record as soon as the prosecutor or the clerk of court enters the eligible disposition onto your GCIC criminal history record.

In certain circumstances, however, the law requires that you get a court order to restrict records. Under O. If your charges were originally handled in Superior Court you can file a motion to restrict your charges under the original casewith the judge that originally heard your case. A motion is a written request to the court to take an action.

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In this case, you are requesting that the court order restriction of charge s for a particular arrest. Although not required, you can hire an attorney to file a motion to restrict your felony record.

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If you would like to proceed on your own or cannot afford an attorney, you can file a pro se motion. Under the new record restriction law, effective July 1,many eligible charges will be restricted from your record as soon as the prosecutor or the clerk of court enters the eligible disposition onto your GCIC criminal history record. In certain circumstances, however, the law requires that you file an action in superior court to restrict records. If your charges were originally handled in Superior Court you can simply file a motion under the original case for the judge to consider your request, but if the charges were originally handled in a court other than Superior Court, you must file a civil petition in the Superior Court in the county in which your case was handled.

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Filing a civil petition opens a case in Superior Court so a judge can consider your petition to restrict the record. A petition is a written request to the court to take an action. Although not required, you can hire an attorney to file a petition to restrict your misdemeanor record.