Georgia Expungement

Expunging Your Criminal History in Georgia

If you have ever been detained or sentenced due to a criminal charge, you might be wondering how you can prevent others from viewing your past charges. While every single person commits mistakes, having a criminal history can prevent you from getting hired, purchasing a home, and it can also affect your immigration status to list a few. Having a criminal background can affect you in a multitude of ways and if you have ever been convicted of a crime, it is highly likely that your criminal history is stored and collected in a state and/or national system. The Georgia Crime Information Center, for example, is a database utilized by the State of Georgia. This database stores a record of all prior arrests and/or convictions of criminal defendants. If you have been convicted of a crime and are having trouble in your personal, employment or professional life due to your past mistakes, it is important to know that the process to expunge your case can be difficult and stressful and can widely vary from state to state. With the help and support of an experienced attorney, you may have the opportunity to move past your criminal history and begin a new path in life. When looking to work towards an expungement, an attorney can help guide you through the difficult process, ultimately saving you time and possibly money.

Criminal Cases and Expungements

Unfortunately, in the state of Georgia, convictions are not able to be expunged. Your criminal history and record will have information about your prior conviction(s). With very few exceptions, a criminal conviction will remain permanently on your record. This also means that your record will be accessible and will not qualify to be restricted. The good news is, that almost every other state does offer some form of expungement for those who were convicted of criminal activity. The process and variables are different in each state and the extent of how much information will be updated, removed or destroyed also varies widely.

Expunging an Arrest Record

While your criminal case cannot be expunged in Georgia, there are several other factors in your record that can be made obscured. Restricting the access to your criminal history in the state of Georgia can only be done so under few circumstances. With an arrest record, there is a possibility that you may be able to restrict who can obtain access to that information.

Restricting Access to your Arrest Record

Due to recent changes to the law, you are able to restrict access to your arrest records. By the use of these restrictions, your criminal history information that relates to particular charges will be only visible by justice agencies and other judicial officials. These agencies can be law enforcement offices and other criminal investigative organizations. If you qualify to have your expungement restricted, your arrest record will ultimately only be obscured from business and other private parties. While this is not a full expungement, it is still very beneficial for those who are being restricted access to jobs due to criminal records.

Qualifying Agents to a Record Restriction

Record limitations apply to very limited situations. It is important to note that you do not have a right to have your arrest record be restrictive. The prosecutor overseeing your case has authority to make that decision. It is also important that you do not have a similar conviction or have committed a similar criminal offense within five years of the crime you are attempting to restrict.  In order to know if you qualify will depend on the circumstances surrounding the aftermath of the arrest. While not everyone is entitled to a record restriction, the following is a list of examples that can determine your qualification:

1. The prosecutor overseeing your case did not file an indictment
   1. In this scenario, you may be able to qualify if the law enforcement agency did not report your case to the prosecutor in order to be officially filed. Another way of qualifying under this scenario is if the overseeing agent did receive your case but decided not to file a formal accusation or indictment. This typically means that no formal charges were filed against you by any agency.
2. The prosecutor overseeing your case filed for an indictment or accusation but the charges were later dismissed.
3. Your criminal charge was discharged due to judicial budgeting.
4. You successfully concluded a mental health or drug management program.
5. You were sentenced to a crime when you were under the legal age and were therefore a minor.
6. Your conviction was overturned or vacated.

While this is not an extensive list of what would qualify you to obtaining a restricted record, seeking the support of an attorney can help you determine if your case will otherwise qualify. An attorney would not only see that you meet the time limits of filing for a restricted record, he or she will also see that you have the best opportunity at filing for a successful restriction.

Not Every Case Will Qualify for Record Restrictions

Unfortunately, there are various cases where the restriction of your record is not permissible. Examples of these crimes can include child molestation, sexual battery, DUIs, theft, vehicular homicide, and prostitution.

Applying for a Record Restriction

Applying for a record restriction is a complicated matter that can be become stressful and could take a long time to file. If you are considering filing for a record restriction or a similar form of expungement, a professional attorney familiar with these specific cases can benefit your case. While criminal expungements are rare, they nonetheless are possible under certain situations. Deciding not to file to have your arrest record cleared and restricted can cost you valuable time and even money. Do not allow a mistake you committed in your past dictate your future to a safe and secure job. Contact an attorney who will guide you through the process and ensure that your new opportunities are not affected because of your past.