How Does Expungement Work in Georgia? Who Qualifies?

Whether you are a resident of Atlanta or call Savannah home, it is important to understand the expungement process, as it can be one of the greatest ways of acquiring a fresh start after a criminal conviction. No matter where you were tried and convicted, from the Bryan County Superior Court to the Cobb County Superior Court, you may be asking, “How does expungement work in Georgia?”

A criminal record can follow you around for years. It can harm your ability to:

• Seek necessary employment.
• Find adequate and safe housing for you and your loved ones.
• Obtain professional licenses or certifications.
• Secure certain lines of credit.

With expungement, you can limit specific parties’ access to certain criminal records. While this doesn’t totally erase a criminal record, it can hide it away from public view and let you move on with your life.

Defining Expungement in Georgia

In Georgia, a state that carries a total crime rate of 21.75 per 1,000 residents, expunging a criminal record can be the difference between a stable and secure future or one fraught with tension and challenges. An expungement is a legal and court-ordered process that restricts most public access to your criminal history on your criminal background check. It can also seal your criminal conviction from public view, which is particularly relevant when considering Georgia’s crime rate by city.

To seek expungement in Georgia, you will need to go through a strict process, and having an attorney on your side during this process can ensure your expungement’s success.

The expungement process includes the following steps:

• Gather all necessary documentation pertaining to your criminal history and court documents.
• File your petition for expungement with the necessary courts, requesting that all records of your arrest, jail time, and eligible criminal record be sealed or expunged.
• Provide necessary evidence to support your petition.
• Establish how the harm of the criminal record to your specific circumstances far outweighs the interest of the public in having access to your records.
• Pay the court processing fees, the agency processing fees, or any other additional charges for updates to the state database.
• Obtain an order from a judge, which will require both the sealing and the restriction of your criminal record.
• Contact your court clerk, the arresting law enforcement agency, and the jail that held you to ensure and confirm their compliance with the court’s order of expungement or record sealing.

Who Qualifies?

Not all criminal records in Georgia can be restricted, sealed, or expunged. Most often, you may qualify for the restriction or expungement of your criminal record if any of the following circumstances apply to your case:

• The charges brought against you were either officially dropped or dismissed.
• You are a first-time felony offender in certain cases (in other situations, you are a first-time serious misdemeanor offender).
• Your case went to trial, but that trial did not result in a guilty verdict.
• You completed probation on your misdemeanor conviction and have not been convicted of another offense within four years since completing your sentence.

It is just as helpful to know the kinds of records that will not be eligible for expungement in Georgia.

These can include those for the following misdemeanor crimes:

• Multiple DUIs
• Vehicular homicide
• Aggressive or reckless driving
• Domestic violence
• Sexual crimes against a minor

Felony convictions that are not eligible for expungement in Georgia include the following:

• Armed robbery
• Murder
• Rape
• Aggravated sex crimes

However, misdemeanor charges that may be expunged in Georgia can include:

• Certain drug charges
• Juvenile crimes
• Public indecency
• DUIs that have been officially dismissed
• Felonies that have been pardoned

At Jarrett Maillet J.D., P.C., our team can review your case and offer you honest feedback on how good your chances are of seeking the expungement of your record. We have a firm understanding of the Georgia legal system and how it applies to these kinds of cases. Our team can inform you of all your options when seeking an expungement.

FAQs

Q: How Long Will a Felony Stay on Your Record in Georgia?

A: In Georgia, how long a felony can stay on your criminal record will depend on the nature of the felony offense. Records of an arrest that did not actually bring about a guilty verdict or a felony conviction may no longer show up on records after a certain amount of time has passed.

Q: Does My Expunged Record Show Up on a Background Check?

A: In Georgia, any records that are successfully expunged or restricted will become inaccessible for members of the public who may wish to run a background check on you. These can include landlords, employers, or creditors. However, certain members of law enforcement or government agencies may still view a sealed or expunged record.

Q: How Much Does It Cost to Expunge Your Record in Georgia?

A: How much expunging a record in Georgia will cost depends on the county you live in and which records you are required to obtain during the expungement process. There are various costs involved, including fees to acquire your GCIC report, fees to submit your expungement application to the county’s prosecutor’s office, and another fee for your application to actually be processed, especially considering recent changes in Georgia’s criminal defense law.

Q: How Can an Expungement Attorney Help Me?

A: When you are seeking an expungement of your criminal record in Georgia, it is vital that you hire an attorney to represent you through this challenging process.

Your attorney can:

• Review your case.
• Determine your eligibility for expungement.
• Gather the necessary evidence and documentation to support your case.
• Argue it before a judge if necessary.

Speak With an Expungement Attorney Serving Georgia Today

At Jarrett Maillet J.D., P.C., we have countless years of experience in defending individuals who find themselves charged with criminal acts. We believe that everyone deserves a second shot, and the first step often begins with getting your criminal record expunged. Contact our offices today so that we can lead you through the expungement process and represent you in court if the need arises.