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GA HB1149

GA HB1149
Criminal procedure; motion to vacate and expunge the record of any previous conviction for certain offenses regarding marijuana; provide


summary

Introduced
03/10/2020
In Committee
Crossed Over
Passed
Dead
06/26/2020

Introduced Session

2019-2020 Regular Session

Bill Summary

A BILL to be entitled an Act to amend Chapter 9 of Title 17 of the Official Code of Georgia Annotated, relating to verdict and judgment in criminal cases generally, so as to provide for a motion to vacate and expunge the record of any previous conviction for certain offenses regarding marijuana; to provide for procedures for considering such motions; to provide for responses from prosecuting attorneys; to provide for standards and conditions for the granting of such motions; to provide for fees; to provide for hearings; to provide for forms; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill aims to provide a process for individuals convicted of certain marijuana-related offenses in Georgia to have their convictions vacated and records expunged. The key provisions include: 1. Allowing individuals convicted of possessing small amounts of marijuana or selling marijuana in small quantities to file a motion to have their conviction vacated and record expunged, as long as they have completed their sentence or probation at least 5 years prior. 2. Establishing procedures for the court to consider these motions, including requiring the prosecuting attorney to respond within 60 days and setting a hearing within 120 days of the motion being filed. 3. Outlining the standards and conditions the court must consider in granting the motion, such as whether it is consistent with public safety, the applicant's rehabilitation, and the interests of justice. 4. Specifying that if the motion is granted, the original conviction will be vacated, the record expunged, and the person will not have to disclose the conviction on employment or other applications. 5. Providing for the establishment of an application form and setting filing and expungement fees. The overall goal of the bill is to allow eligible individuals to clear their criminal records for certain past marijuana offenses, facilitating their reintegration into society.

Committee Categories

Justice

Sponsors (6)

Last Action

House Second Readers (on 03/13/2020)

bill text


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