Meinken v. Burgess

I respectfully dissent. I would adopt entirely the analysis and opinion of Judge Carley wherein the Court of Appeals reversed the trial court in Burgess v. Meinken, 204 Ga. App. 600 (420 SE2d 329) (1992).

The undisputed pertinent facts are that the appellant was arrested, indicted and was acquitted. The records sought by appellant to be expunged did not reflect the acquittal.

In a de novo hearing under OCGA § 35-3-37 (c), the trial judge *869found “the arrest record is inaccurate and misleading in that it does not reflect the disposition of this case.” The trial court ordered the record to be…