dissenting.
Gary Meinken’s criminal record accurately reflects that he was arrested and charged with two counts of molesting his three-year-old daughter. Meinken’s record fails to reflect that he was subsequently acquitted, an incompleteness which is subject to remedy under OCGA § 35-3-37 (c) by the supplementation of his record. However, although even the majority recognizes that expunction is not an appropriate remedy for an incomplete record, expunction is what Meinken seeks, on the basis that notwithstanding that the fact of his arrest is accurate, the reason for his arrest was the result of alleged impropriety by a police officer in leading Kelly Meinken into naming her father as her molester. Hence, Meinken claims his criminal record should be expunged pursuant to OCGA § 35-3-37 (c) because he would not even have a criminal arrest record but for the alleged impropriety. The majority, citing foreign authorities to support extending OCGA § 35-3-37 (c) far beyond its plain language, holds that remand to the trial court is necessary in order for the court to determine whether “there was any foundation whatsoever for Meinken’s arrest.”
I disagree.
The question whether there was “any foundation whatsoever for *868Meinken’s arrest” undoubtedly was considered by the magistrate judge who conducted Meinken’s pre-indictment probable cause hearing yet nevertheless bound Meinken’s case over; obviously the grand jury did not decline to return an indictment in two counts against Meinken because the State failed to show “any foundation whatsoever”; it goes without saying that the trial court had the authority to grant a motion to dismiss the State’s case against Meinken on the basis that there was no probable cause to support the child molestation charges and thus no foundation whatsoever for Meinken’s arrest.2 The record is uncontroverted that this alleged lack of probable cause, which Meinken now asserts demands the expunction of his arrest record, had nothing whatsoever to do with Meinken’s acquittal on the child molestation charges: Meinken was acquitted only because three-year-old Kelly Meinken was unable to talk about the alleged molestation within the months following Meinken’s demand for a speedy trial.
This is not the case to determine whether a factually “accurate” record can be deemed “inaccurate” requiring expunction pursuant to OCGA § 35-3-37 (c) because of constitutional violations or misconduct by police or prosecution. This is not the case to veer into foreign jurisdictions for balancing tests and special factors to extend the plain language of Georgia statutes. After a hearing before the magistrate court, after the grand jury’s deliberation, and after two terms with Meinken’s case pending before a superior court judge, this is not a case to remand to the trial court for a determination “whether there was any foundation whatsoever for Meinken’s arrest.” This case requires only the reversal of the trial court’s order of expunction with the direction to supplement Meinken’s record with the information regarding his acquittal. Because the majority fails to take the action required in this appeal, I dissent.
The record reflects that although Meinken did file a motion to dismiss, referencing the very videotape he now alleges shows improper leading by the police officer, the sole ground asserted in that motion was that the videotape showed that Kelly Meinken was incompetent to testify at trial.