Legal Question in Criminal Law in Georgia
Nolle Prosequi
How does a nolle preosequi(sp) appear on criminal records check? Can the record be sealed or removed if it was a result of a plea agreement?
1 Answer from Attorneys
Re: Nolle Prosequi
A Nolle Prosequi after six months becomes, in effect, a dismissal of the charges. Because charges can be dismissed for a variety of reasons, aside from issues of guilt or not, the issue of having the charges removed from your record can't be answer generally. It requires looking at the charge, the history of the case and then determining if there is a basis under statutory law to have the record expunged, or under other compelling circumstances the Court may exercise its inherent power to remove the charge.
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Jim Hough
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