Rule 4-224 Expungement of Records
Rule Text
(a) The record of any matter against a respondent under these Rules which does not result in discipline against the respondent shall be expunged by the Office of the General Counsel in accordance with the following:
(1) those matters closed by the Office of the General Counsel after screening pursuant to Rule 4-202 (e) shall be expunged after one year; (2) those matters dismissed by the State Disciplinary Board after a Probable Cause investigation pursuant to Rule 4-204 (a) shall be expunged after two years; and (3) those complaints dismissed by the Supreme Court of Georgia after formal proceedings shall be expunged after two years.
(b) Definition. The term “expunge” shall mean that all records or other evidence of the existence of the complaint shall be destroyed.
(c) Effect of Expungement. After a file has been expunged, any response to an inquiry requiring a reference to the matter shall state that any record of such matter has been expunged and, in addition, shall state that no inference adverse to the respondent is to be drawn on the basis of the incident in question. The respondent may answer any inquiry requiring a reference to an expunged matter by stating that the matter or formal complaint was dismissed and thereafter expunged.
(d) Retention of Records. Upon application to the State Disciplinary Board by the Office of the General Counsel, for good cause shown, with notice to the respondent and an opportunity to be heard, records which would otherwise be expunged under this Rule may be retained for such additional period of time not exceeding three years as the Board deems appropriate. Counsel may seek a further extension of the period for which retention of the records is authorized whenever a previous application has been granted for the maximum period permitted hereunder.
(e) A lawyer may respond in the negative when asked if there are any complaints against the lawyer if the matter has been expunged pursuant to this Rule. Before making a negative response to any such inquiry, the lawyer shall confirm that the record was expunged and shall not presume that any matter has been expunged.
(f) A lawyer may respond in the negative when asked the lawyer has ever been professionally disciplined or determined to have violated any professional disciplinary Rules if all grievances filed against the lawyer have either been referred to the Client Assistance Program, dismissed, or dismissed with a letter of instruction.