Legal Opinion · Dissent

Nasir v. Gwinnett County State Court

Court of Appeals of Georgia

Decided March 16, 2017No. A16A1611Published

1DissentMiller, Presiding Judge

Countless ordinary people enter misdemeanor nolo contendere pleas every day expecting to be able to move past their mistakes and be productive members of society. I, therefore, cannot agree that Nasir is prohibited from having his criminal records restricted under OCGA § 35-3-37. Nasir is precisely the type of person whom this statute is intended to protect, and I am deeply concerned about the message this case sends to the public. The majority’s narrow reading of the statute essentially eviscerates any benefit Nasir — or any defendant in this situation — can obtain from entering a nolo…

2Cases cited7 opinions

  1. Fortson v. HopperSupreme Court of Georgia · 1978
  2. Kennedy v. CarltonSupreme Court of Georgia · 2014
  3. Nelson v. StateCourt of Appeals of Georgia · 1953
  4. Mooney v. WebsterSupreme Court of Georgia · 2016
  5. Mosley v. LoweSupreme Court of Georgia · 2016

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