John Doev.The State
CourtCourt of Appeals of Georgia
Docket No.A21A1750
DecidedDecember 17, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationDue ProcessCivil ProcedureReversalRemand
Case Summary
John Doe pleaded nolo contendere to a misdemeanor habitual-violator charge and later sought to restrict and seal his criminal records. The trial court denied relief. The Court of Appeals of Georgia reversed and remanded with direction. It held that the trial court had to apply the statutory standard governing record restriction and weigh the public interest against the harm caused by continued public availability. Because Doe had amended his petition to proceed under a specific statutory provision, the appellate court did not address the trial court’s separate ruling under another subsection.
Opinion
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