Savannah Savannah Expungement Lawyer

Our firm’s expertise in expungement cases and deep knowledge of Georgia’s legal system ensure that clients receive accurate guidance and efficient results throughout the courthouse process.

Under Georgia law, you may be able to have your criminal record expunged. In order to have this done, you will need to hire an experienced Savannah expungement lawyer for help. Jarrett Maillet is a successful criminal defense lawyer in Savannah, GA who is offering all potential clients in need of a expungement lawyer free legal consultations. Our firm offers a comprehensive range of services, including legal assistance for expungement, record sealing, and related matters. We take a collaborative approach, with our team working together to support every client’s success.

What is the Expungement Process?

An expungement proceeding is a type of lawsuit in which a first-time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. In Georgia’s legal system, this process is governed by specific state laws and procedures. To begin, a formal request or petition must be filed with the court to seek expungement or record restriction. If successful, and the judge approves the request, expungement is granted and the records are said to be “expunged.”

Georgia’s old law used the term “expungement,” which implied that criminal records information was deleted or destroyed. In reality, criminal records were not deleted or destroyed; the term “expungement” meant that the information was unavailable to be viewed for all purposes except law enforcement and criminal justice.

Georgia’s new law, effective July 1, 2013, does not use the word “expungement.” Instead, the process is now referred to as “record restriction.” Only the name of the process has changed. Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes. Certain misdemeanors may be eligible for expungement or record restriction, while others are not. Additionally, violations such as traffic offenses or other minor violations may also be eligible for expungement or record restriction, depending on the circumstances. Prosecutors play a key role in the expungement process, as they review and may support or oppose the request. Expungement helps protect individuals’ rights, privacy, and future opportunities, including improving access to jobs and, in some cases, assisting with reinstating a driver’s license.

Who Is Eligible?

In Georgia, you are eligible to have your criminal history record expunged if you can meet one of the following three criteria:

1. You can show the court that your record is not accurate or complete
2. You have no charges currently pending against you, and
   • You have not been arrested for any other offense anywhere in the United States in the last five years, and
   • For the offense you want expunged:
     • You were arrested but were released by the arresting agency (e.g., state police) without ever being prosecuted,
     • or the government’s prosecuting attorney dismissed the charges without filing an accusation or seeking an indictment
3. You were charged as a juvenile and:
   • A petition alleging delinquency is not filed, or
   • The proceedings were dismissed after:
     • A petition was filed, or
     • The case was transferred to the juvenile court, or
     • You were adjudicated not to be delinquent

When considering expungement, it is important to consult a lawyer for help in determining whether your specific case, such as a DUI case, qualifies for expungement or record restriction under Georgia law.

An expungement seals a case that has been dismissed from public view. When the process is completed, all records from the Police Department, Georgia Courts, and Sheriff’s Department will be sealed from the view of the general public. In some cases, your DNA can be destroyed, and your DMV records can possibly be erased. No future employers, current employers, customers, landlords, colleges, or insurers can see what you have been accused of in the past.

Many juvenile offenders will be eligible for expungement in Georgia. Eligibility depends on the nature of the offense, the sentencing, and the age of the offender at the time of the offense. Adults may be eligible for expungement or dismissal after the term of probation is completed. For certain offenses, such as a DUI case, determining eligibility for expungement or record restriction can be complex and should be evaluated with legal assistance.

In a case where the offense was a felony, such as grand theft, domestic violence, assault and battery, or felony DUI that cannot be expunged, a lawyer may be able to get the court to dismiss the charge or reduce it to a misdemeanor. It is extremely important that a person convicted of a crime fulfill the requirements of probation. Any admission or finding by the court of a probation violation removes the opportunity for expungement or dismissal. The same rule applies if you received a withheld judgment at sentencing.

DUI Charges and Expungement

DUI charges can have a lasting impact on your life, affecting everything from your ability to secure a job to finding suitable housing. In Georgia, a DUI conviction becomes part of your criminal record, making it visible during background checks conducted by employers, landlords, and other organizations. This can limit your opportunities and make it difficult to move forward after an arrest.

Under Georgia law, DUI convictions are treated as serious offenses, and the legal process for addressing them is complex. While a DUI conviction cannot be completely expunged from your record, there are legal options available that may help restrict access to this information. Record restriction, sometimes referred to as record sealing, can limit public view of your DUI offense, making it accessible only to law enforcement and certain government agencies. This can be a crucial step in protecting your privacy and improving your future prospects.

The expungement process for DUI charges in Georgia involves several important steps. First, you must determine your eligibility for record restriction, which often depends on factors such as whether you are a first-time offender and the specific circumstances of your case. If you qualify, the next step is to file a petition with the court, providing all necessary documents and supporting evidence. You may also be required to attend a court hearing, where a judge will review your case and decide whether your record should be restricted. Navigating this legal system can be challenging, but an experienced attorney can assist you at every stage, ensuring that all documentation is complete and deadlines are met.

Taking the First Step Toward a Clean Record and a Fresh Start

Eligibility for record restriction is not automatic, especially for DUI offenses. Georgia law sets strict criteria, and the court will consider your entire criminal record, the nature of the offense, and whether you have completed all terms of probation or other court-ordered requirements. Consulting with a knowledgeable Savannah expungement lawyer is essential to determine your eligibility and to understand the legal options available to you. An attorney can help you file the necessary paperwork, represent you at court hearings, and advocate on your behalf throughout the expungement journey.

If you have been arrested for a DUI in Savannah, seeking a free consultation with a qualified attorney is a critical first step. A legal professional can review your case, explain the expungement process, and help you take control of your future. By pursuing record restriction, you can improve your chances of passing background checks, securing employment, and accessing housing—ultimately working toward a clean record and a fresh start.

Protecting your rights and your future is possible, even after a DUI conviction. With the right legal guidance, you can navigate the expungement process, understand your eligibility, and take meaningful steps toward a better life. Don’t let a past mistake define your future—speak with a Savannah expungement lawyer today to explore your legal options and begin your expungement journey.

Frequently Asked Questions About Expungement (Record Restriction) in Savannah, GA

What is “expungement” in Georgia, and how is it different from “Record Restriction” in Savannah?

In Georgia, the legal process of clearing a criminal record is officially called Record Restriction, not expungement. While people often use “expungement” in Savannah searches, restriction is the correct term because it limits public access to your criminal history but does not physically destroy or erase the record; law enforcement still retains access. Restriction is governed by O.C.G.A. § 35-3-37 and is vital because it prevents employers, landlords, and the general public from seeing the restricted entries on most background checks, effectively removing a major barrier to housing and employment in the Savannah area. An attorney can help you navigate the multi-step process involving the arresting agency and the prosecutor’s office.

What types of criminal records are eligible for restriction (expungement) in Chatham County?

The most common records eligible for restriction in Chatham County are arrests that did not result in a conviction, such as cases that were dismissed, nolle prossed (not prosecuted), or resulted in an acquittal (not guilty verdict). Furthermore, recent changes in Georgia law now allow for the restriction of up to two misdemeanor convictions after a waiting period of four crime-free years following the completion of the sentence, though serious crimes like DUI, most family violence offenses, and certain felonies generally remain ineligible. An attorney can review your official Georgia Criminal History to determine which specific charges qualify for restriction under the current laws.

How long does the criminal record restriction process typically take in the Savannah court system?

The timeline for record restriction in Savannah can vary widely but generally takes several months, making it important to start the process as soon as you are eligible. Once the request form is completed and filed with the appropriate agency (either the arresting agency or the prosecuting attorney, depending on the arrest date), the Chatham County prosecutor’s office has up to 90 days to review and approve or deny the request. After approval, the information is forwarded to the Georgia Crime Information Center (GCIC) for final processing, which can take an additional few weeks to a month before the record is officially restricted from public access.

Let Us Help Seal Your Criminal Records

If you were involved with the criminal justice system and are interested in record sealing, dismissal or expungement, contact the attorneys at Jarrett Maillet J.D., P.C. at your first opportunity. Our attorneys have years of experience in expungements, record sealing, and dismissals. Contact us today at 912-713-3426 for a free consultation.