So you apply for your GWL, 2 years later you get thrown in jail because you did

[GAgunLAWbooklet]

P.S. I agree that he should sue and win against the lazy stupid cop (detective)
that claimed to have probable cause for his arrest. Maybe also the magistrate judge who reviewed the cop's affidavit in support of getting an arrest warrant and who then actually went along with it (issued the arrest warrant as the cop requested.)

(but I admit I have not seen what the cop claimed was "the evidence" when he made that arrest warrant application.)

 

[Ricochet Ballistics]

I've always been a strong supporter of law enforcement. But, there are two sides to the coin. I'm strongly against incompetency in the criminal justice system and the mistake of getting the wrong person who happens to have the last name of "Jones" is beyond the pale. If they are not reprimanded by a lawsuit for big buck damages, then what would prevent them from wrongly persecuting the next guy with a GA CCW whose last name just happens to be "Smith"? Yes, Albany Georgia PD... middle names always matter.

 

[gh1950]

Since he was not taken to trial on these charges, and he didn't enter any plea bargain, and the charges were completely dismissed on the merits without his having to win on the technicality of a motion suppressing evidence, HE CAN GET AN EXPUNGEMENT,
which has been renamed a record restriction in our Georgia code book.
See code section OCGA 35-3- 37.

That's a relatively new law, and I'm waiting to see how that works out.

I had a conviction expunged under the former law. Stupid case in the first place that should have never been charged as a crime.

Dude went on with his life, did well, no problems. Bought guns, passed the background check, registered to vote, vote, then about 15 years later, got called for jury duty in South Carolina. The DA had a record of the arrest, and used it to strike the dude. He came back and we walked the process through - nothing was left out, arrest didn't show on records check at the local SO, file was sealed in local clerk's office.

So the SC DA had access to some double secret list that showed the arrest.

I wouldn't want to trust my entire career to all the pieces falling into place under this law.

 

[GAgunLAWbooklet]

True dat.
AND, if the arrest was reported in the news media or made publicly accessible through a public database which is periodically mined by credit agencies and private background check / intelligence agencies, these private non-government groups may make a permanent record of that arrest which they will keep even after the government mandates its own database be restricted.

P.S. As far as I know, there is no such thing as an expungement or restriction of record that applies to a GCIC crim. history report pulled by a criminal justice agency or COURT, to be used for official purposes. They'll see the whole thing but with a notation that the case ended without a conviction and the rest has been restricted or expunged.

But an arrest that has been restricted from your record should not show up for a background check that is pulled for a different GCIC purpose code --such as an employment or housing- related background check.