341 Ga. App. 63
Ga. Ct. App.2017Background
- In 1999 Nasir was charged with five misdemeanor theft-by-taking counts; he pled nolo contendere to one count and four counts were nolle prossed.
- Nasir repeatedly sought expungement/restriction of his criminal history, most recently denied by 2006; he filed this pro se suit on December 20, 2013.
- Defendants named: Gwinnett County State Court, Gwinnett County Solicitor-General, and Gwinnett County Police Department; they moved to dismiss for multiple grounds.
- Nasir sought (1) restriction/expungement of his criminal record under OCGA § 35-3-37 and (2) monetary damages under 42 U.S.C. §§ 1983, 1985, and 2000d for alleged misconduct (coercion, fabricated evidence, discrimination, ineffective counsel).
- Trial court dismissed for failure to state a claim, holding Nasir ineligible for record restriction under OCGA § 35-3-37 and that civil-rights claims were barred or time‑barred; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for record restriction under OCGA § 35-3-37 | Nasir argued his record should be restricted/expunged despite pleading nolo contendere to one count because other counts were nolle prossed and statute should allow relief | Defendants argued statute restricts records only where specified dispositions apply (e.g., all charges dismissed/nolle prossed), and Nasir’s nolo plea is a sentence, not a dismissal | Court held NASIR not eligible: nolo contendere with sentence is not a dismissal; § 35-3-37(h)(2)(A) does not apply, so restriction denied |
| Application of § 35-3-37(i) exceptions | Nasir contended § 35-3-37(i) should not bar him because nolo plea is not a conviction for purposes of restricting records | Defendants and majority argued subsection (i) lists disqualifying exceptions and applies when dismissed charges resulted from a plea producing a conviction arising from same transaction | Court held subsection (i) does not make Nasir eligible; statutory text requires "all charges" dismissed and nolo plea resulted in disposition precluding restriction |
| § 1983 and related civil-rights claims (claims attacking plea/prosecution) | Nasir sought damages for coercion, fabricated evidence, discrimination, ineffective counsel tied to his conviction/prosecution | Defendants argued such claims are barred unless conviction/sentence invalidated (Heck) and are time‑barred | Court held claims barred under Heck because conviction not invalidated; dismissal proper |
| Damages claim for denial of record restriction (statute of limitations) | Nasir claimed damages based on denial of expungement/restriction | Defendants argued denial occurred in 2006, so claim filed in 2013 is time‑barred | Court held any such claim is barred by Georgia’s two‑year limitations period (claims under §§ 1983, 1985, 2000d governed by two‑year statute) |
Key Cases Cited
- Northway v. Allen, 291 Ga. 227 (discusses de novo review and pleading construed for motion to dismiss)
- GeorgiaCarry.Org v. Atlanta Botanical Garden, 299 Ga. 26 (standards for dismissing for failure to state claim)
- Heck v. Humphrey, 512 U.S. 477 (claims seeking damages that would invalidate conviction barred unless conviction reversed)
- Mosley v. Lowe, 298 Ga. 363 (explains record-restriction provisions and legislative amendments expanding non-conviction restriction)
- Lue v. Eady, 297 Ga. 321 (discusses subsection (i) disqualifying exceptions to record restriction)