Legal Question in Criminal Law in Georgia

Re: criminal record

What you describe as a 180 day continuance sounds like the entry of a Nolle Prosequi or Nol Pros. It is an election by the State not to prosecute. Technically, for a period of 180 days after it is entered, the State can elect to prosecute you should there be additional infractions or for other reasons it deems it appropriate to proceed with the proscution.

After the 180 days expire, the charges are dismissed with no possibility that the State can again proceed with the prosecution.

As to expungement of your arrest record, it may be that you qualify under the statute, but I would need to know more about your situation. I am even of the opinion that some judges may grant an expungement even if you did not technically fit the statutory scheme, if there were other substantial reasons to consider the action under the inherent power of a sitting superior court judge.

Under the statute, it might not even be necessary for you to make an appearance in Georgia. In all probability you wouldn't. Direct filing in the Court, however, would require you to appear. That may be prohibitive.

Call if you wish to discuss this matter further.

Jim Hough

770-607-5300