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An old problem still rares it's ugly head

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Greetings! (I'm in Georgia)

This is about a problem
from my past that just seem to keep popping up.
Keeping me from better employment, and generally
causing me grief...
Back in 1981. (I'll try to be brief). My first wife
was a serpentine, demonic person I never should have
married. We had 2 children. After many years of
unrest, fighting, and fighting over who gets to keep
the kids, my wife filed for divorce the 1st time. I
was living in Gainesville, Fla at the time. Received
advance notice of the proceeding before being served,
removed my children and left the state before any
custody order could be put into place. After about a
year’s absence, I decided this was wrong, and went
back to my then xwife to reconcile, and remarry.(the
biggest mistake of my entire life!) Because I was
broke and my children were hungry. I sold a bag of
marijuana to my wife’s “friend” who turned out to be a
law enforcement officer. So I had a felony record in
South Carolina. After serving 2 years of a 5 year
probation sentence, and now living in south Ga. My
probation was terminated. I worked everyday for those
2 years! I went out that night to celebrate. After
some drinking, I started home. I saw a girl I knew who
needed a ride. Off we went down the hiway, and
here came the blue lights! I stepped to the rear of
the van to talk to the Georgia highway patrolman. After a
brief discussion he left me at the driver’s side rear,
as he walked around to the passenger side window, to
talk to the girl. I was about to grab the small bag of
pot I had in my right boot (new Dingoes) to chunk it.
When I did the officer came around and ordered me to
“kick my boot off on the pavement” when I did the bag
of marijuana fell in plain sight on the pavement. To
my extreme amazement he leaves me there to go talk on
his police radio, leaving me with only one boot on,
and the pot next to me on the road, since he was 1 and
a half car links behind, this was the only break I
knew I’d get. I grabbed the bag and dove across the
road on the far side. Shook out the bag. I came out
with my hands up, after he finally stopped shooting!
I got a DUI. Spent the night in jail. Talked to the
sheriff, and to a lawyer. They advised me
not to worry since there was no evidence found there
could be no charges.
Imagine my extreme surprise when I get a copy of my
Georgia record 20 years later and there it is!
QUESTION: Is there anything that can be done about
this now? And how could this have happened? I never
went to court. Never was charged.
Also. A few years ago, and after several failed
attempts. A much fairer governor was elected in South
Carolina, and I now have a full pardon.
QUESTION 2: How can I get this removed from my NCIC
record? I have a pardon. Isn’t this the same as if it
never happened? Is there an expungment procedure? Do
I stand a chance? Keep in mind we’re dealing with 20
plus year old crimes. What about sealing my record?
My goal is to have a clean record. At least as clean
as possible. In today’s instant information age, I
have lost out on several good jobs due to nosey
corporate bureaucrats who have nothing better to do
then to infringe on my civil liberties.
My life is much better now. I have a beautiful young
wife, and daughter. I haven’t had any problems with
crime in over 20 years Thank the Lord.
Sorry for rambling. I thought it was important to give
you all the facts. I know it crosses many
Thanks in advice for your help.


Junior Member
"Imagine my extreme surprise when I get a copy of my
Georgia record 20 years later and there it is!"

There what was? A posession of marijuana charge? Just to clear that up.
If so, I think a mistake has been made if you were only charged and found guilty of DUI. A posession charge should not be on your record if you did not go to court for it.

Also, if you were fully pardoned, then yes, it can be expunged from your record. I would call the clerk of courts in the state the charge was in and ask how to do that.


Yes. What was there was a 20 year old charge for misdomener possession of marijuana that I never expected to see. I think what I am experiencing is a simple case of small-town justice. My question is, how do I go about clearing it up? I don't want this on my record! It never should have been put there!


Senior Member
choopes said:
I don't want this on my record! It never should have been put there!
You are lucky - you should have been charged with destruction of evidence and obstructing justice. Apparently you got a real break. You're also lucky he didn't shoot you when you dove away!!

You will probably have to hire an attorney to walk you through the process of correcting anything that might need to be corrected.

And is the marijuana record an "ARREST" or listed as a "CONVICTION"? Could it be that your DUI was for being under the influence of marijuana?

- Carl

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