Difference btw a Pardon & Expungement?

Discussion in 'GA Laws and Politics' started by dblKfarm, Feb 20, 2006.

  1. dblKfarm

    dblKfarm New Member

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    Hi there, just found this awesome site and have already found so many answers to questions I have had! My hubby got divorced 20yrs ago,had to go to court to sign papers(long and funny story there!) The judge included a statement that my hubby would not harass etc his ex wife, but did not put any date that this "order" (I guess it would be classed as such?) would become null and void. We found this info, when he went to purchase a gun recently & was denied etc., reason being, of course, he has this "record of domestic violence" against him. Have searched and can only come up with the laws of pardon and expungement, both of which seem to be the same thing at times.Can anyone give any clues or advice as to which is better or easiest,as the divorce was in TN. Sorry to post such a long first post but really need some direction here! Thanks in advance,sincerely,Jean (dblKfarm)
     
  2. Gunstar1

    Gunstar1 Administrator

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    Expungment basically is the original judge or court that had jurisdiction over the case amends the charge/record up to and including purging all records.

    Pardon is the state saying that you are no longer bound by the restrictions placed on you by a certain conviction. Once tried, convicted and sentenced, this is typically the only course of action. However this can be very slow going.


    As this is regarding a protective order, your best bet would be to contact the court in TN. Tell them of your situation and ask what the best course of action would be. You will probably have to hire a (TN local) lawyer to fill out paperwork and submit it for you to have the record changed.

    If all fails with the court and the order cannot be changed, THEN go about obtaining a pardon.
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Expungement

    While I have not read the law on expungements in a long time (O.C.G.A. 35-3-37, last amended in the late 1990s), the way I understand that they work is that you cannot get an expungement at all unless certain conditions are met, and even then what you would normally get is that the "employment / credit " version of your GCIC (Georgia criminal information center report-- the "rap sheet") would be amended so that private employers or other private-sector people would not see any arrest or booking information on that incident, as if it never happened. But the LAW ENFORCEMENT and COURTS and PROSECUTORS will always get the full, unedited version of the GCIC. They'll always know what you were arrested for, what you were convicted of, what the sentence was, etc.

    I am not aware that "expunging" an arrest has any effect on legal disabilities that come as the result of an arrest, a restraining order or TPO, a Conviction, or a First Offender probated sentence.

    I always thought that the removal of legal disabilities, at least those that come from criminal convictions, must come only by a full "pardon" from the President of the U.S.A. or a pardon from the Georgia Board of Pardons and Paroles (they have the power to do this, not the Governor personally).

    So I don't think that expungements and pardons are the same thing, or have the same practical effect.

    This isn't legal advice. Consult a real attorney in an attorney-client relationship for that. My opinion and four bucks will get you a cup of coffee (at Starbucks).
     
  4. Gunstar1

    Gunstar1 Administrator

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    Right, if you are convicted of a crime and have done the time, a pardon is the only way to go.

    If it was just a non-criminal divorce case and part of that was a restraining order, then the original court may be able to amend the case.

    Since this is more TN law than GA, a TN lawyer would be the best to contact.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Four Bucks !?!? :shock: No wonder I don't drink coffee!


    Gentlemen, I did not see anything in the question about criminal charges. Rather, she posted that he "signed papers" relating to a divorce. The papers said he would not harass his wife. AND the papers are 20 years old.

    dblKfarm - was there an arrest for a crime and a subsequent conviction?

    If so, does this last forever as a disability when purchasing a firearm?

    There are methods to appeal this, as my brother had to do it once when he was improperly denied during a purchase. It took several weeks to clear up.
     
  6. dblKfarm

    dblKfarm New Member

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    I do so appreciate the speedy replies!And you are right,Gunstar, there was no conviction etc , it was just part of the judges order thingy. So I guess we shall turn to the TN legal system and go from there!!Wish us luck:) Many thanks for the advice tho, its much appreciated and shall let you know when we get the all clear cause its pretty crazy that this minor thing can hold anyone up to purchase a gun! BUT, thats the system and I wont try to beat it, just change it slowly hahahaha!!!Take care, Regards, Jean
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Provide a copy of the order to a local attorney in the same county where the Order was entered and ask to have the order modified (assuming there have not been any problems in the last 20 years that would justify leaving the order in place).
     
  8. jrm

    jrm Sledgehammer

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    What is the status of his relationship with his ex-wife? The cheapest and easiest way to change the order will be for the two of them to stipulate to the change. The chancellor will be inclined to sign pretty much anything the parties want to do within the law.