Legal Question in Criminal Law in Georgia

denied chiropractic licensure due to misdemeanor

My boyfriend pled nolo of misdemeanor theft by receiving in 2002 (although the incident occurred in 11/1998). He was recently denied licensure by the chiropractic board. He meets with them 1/27/2005 to appeal the decision. If denied again, what should his next step be? Can he have it expunged or be pardoned? He has spent nine years in school and owes a substantial amount in student loans. His livelihood depends on this licensure. Any suggestions? Should he have legal representation at the board meeting? Thanks.


Asked on 1/12/05, 10:22 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: denied chiropractic licensure due to misdemeanor

I assume you are sure the denial is based on the misdemeanor. That said, the issue of having this expunged from the record is not entirely clear. It does not sound as if his case fits the statute which provides for expungement under two common conditions. On the other hand, I have directed Motions to Expunge the Records to Superior Court under the inherent power of a superior court judge to correct the records. Some judges will do so, given the appropriate fact scenario.

I believe, for reasons, already expressed in your question, he needs representation at all stages of his quest for licensure, including the matter scheduled for January 27, 2005.

I will be happy to discuss this matter with him further, initially on a no obligation basis. Please have him call at 770-607-5300. By the way, I practiced in Marietta, Cobb County, Georgia, for 28 years, prior to moving my offices to Cartersville, GA when I purchase a home there.

Jim Hough

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Answered on 1/13/05, 9:32 am


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