Available Services
Dead Docket Removal
We file motions to open dead docket cases in State and Superior Courts in Georgia. Once the case has been re-opened, we file a motion seeking a final disposition of a nolle prosequi. Along with the request for a nolle prosequi, we request a record restriction to seal the entire arrest cycle.
Why is this important?
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ï‚·Individuals who have a felony or a family violence misdemeanor placed on the dead docket do not qualify to purchase a weapon.
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Individuals who have a felony or family violence misdemeanor placed on the dead docket do not qualify for a gun permit.
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Individuals who have a felony that was placed on the dead docket within the last ten years do not qualify to enter Fort Benning.
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Individuals who have a distribution case that was placed on the dead docket do not qualify to enter Fort Benning.
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Individuals who are seeking jobs in corrections will not qualify for employment with a dead docketed matter on their criminal history.
Pursuing Orders of Exoneration
We submit proposed Motions for Exoneration to the prosecution for their review and consent. An Order of Exoneration can be pursued where an individual seeks to remove one felony or one misdemeanor from their criminal history. This is a useful solution for the individual who only has one felony or misdemeanor conviction. First offender treatment is typically offered at the time a person enters their plea of guilty to their felony or misdemeanor. If, however, an individual was not advised of first offender benefits and consequences at the time of their guilty plea, they may be able to petition the court for the retroactive grant of first offender provisions.
Why is this important?
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ï‚·This is the only service available that can change a felony or misdemeanor conviction to a non-conviction.
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Where an individual has just one felony or just one domestic violence misdemeanor, the grant of the first offender restores the right to bear arms.
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Where an individual has just one felony, the grant of the first offender means they are no longer a convicted felon and can check “NO“ on employment applications.
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If granted, the arrest and former conviction are sealed from employment criminal history reports.
Petitions for Restricting Certain Misdemeanor Convictions
For all forms of dismissed cases, there is a form at the front desk of the arresting agency to be filled out and submitted for record restriction. For certain misdemeanor convictions where the individual has not been arrested within the previous four years, a petition must be filed in the court of conviction.
Why is this important?
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ï‚·Before 2021, the only way to remove a conviction from the criminal history was by using first offender provisions. This new 2021 provision means additional restrictions may be available for those who have already used the first offender or who don’t want to use the first offender on a misdemeanor offense.
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The result of a successful petition is the sealing of the arrest and conviction information on employment criminal records.
Petitions to Seal Previously Pardoned Offenses
For those with more than one felony conviction (all felonies within one case are considered one conviction), a pardon may be one of the last ways of demonstrating reformed behavior to employers. For those who have previously obtained a pardon, we petition the court to seal their pardoned case.
Why is this important?
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Before 2021, the grant of a pardon meant that employers would still see the conviction and also see that a pardon had been granted. Now, individuals who have a pardon may petition the court of conviction to seal their arrest and conviction information on employment criminal history records. (Excluded offenses include serious violent felonies as well as sex offenses)
Correcting Errors
In my experience, a high number of employment criminal history reports have errors. About one time per week, I review a criminal history of an individual that contains a felony in error.
Why is this important?
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Missing dispositions can lead to the denial of gun permits and jobs because a case without a disposition is considered an open case.
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Missing severity levels can lead to the denial of gun permits and jobs because it can be unclear whether the conviction was for a misdemeanor or a felony offense.
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Many times, the wrong charge code is used which can make possession of drugs appear as a drug distribution charge. Individuals with drug distribution charges are not able to enter military bases.
Contact
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