Expungement is the legal process of having a criminal conviction or arrest record cleared or erased as if it never occurred. In Georgia, expungement is also known as “record restriction.”
Expungement lawyers in Georgia help people who have been convicted of certain crimes, completed their sentences, and remained crime-free for a specific period of time to remove their criminal records from public access. They guide their clients through the process of filing a petition for expungement, which includes gathering and preparing the necessary documents, and representing them in court.
To be eligible for expungement in Georgia, the person must have completed their sentence, including any probation or parole, and have no new convictions. Also, not all criminal offenses are eligible for expungement, including serious crimes such as murder, rape, and child molestation.
Expungement lawyers in Georgia can also help people who were arrested but not convicted of a crime by having their arrest record restricted from public access. This can help people who were wrongly accused or had charges dropped or dismissed to avoid negative consequences such as difficulty finding employment, housing, or loans due to a criminal record.
Expungement of Juvenile Criminal Records in Georgia
In Georgia, the expungement process for records of juveniles is known as “record restriction.” Record restriction is a legal process allowing people convicted of certain offenses as juveniles to have their records sealed from public access. Sealing of juvenile records means that the record will no longer be available to the public, and the person can legally deny the existence of the record in most situations.
To be eligible for record restriction in Georgia, the person must have completed their sentence, including any probation or parole, and have no new convictions. The waiting period for record restriction is two years after the completion of the sentence for most offenses. However, for certain offenses, such as those involving physical harm or injury, the waiting period is four years. Additionally, certain serious offenses, such as murder, rape, and armed robbery, are not eligible for record restriction.
Record restriction is not the same as expungement, as the record is not completely erased. Instead, the record is sealed from public access, meaning that it can still be accessed by certain government agencies or in specific legal situations. However, sealing the record can still provide significant benefits for individuals who are trying to move on from their past mistakes and avoid the negative consequences of having a juvenile criminal record.
Expungement of Adult Criminal Records in Georgia
In Georgia, the process of expungement for adult criminal records is also known as “record restriction.” Record restriction allows people who have been convicted of certain misdemeanor offenses, completed their sentences, and remained crime-free for a specific period of time to have their records sealed from public access.
To be eligible for record restriction in Georgia, the person must have completed their sentence, including any probation or parole, and have no new convictions. Not all misdemeanor offenses are eligible for record restriction, and there is a waiting period before you can apply for record restriction.
Record restriction can provide significant benefits for people who are trying to move on from their past mistakes and avoid the negative consequences of having a criminal record. However, record restriction does not completely erase the criminal record, and certain government agencies and employers may still be able to access the information.
Felony Record Expungement in Georgia
In Georgia, felony convictions cannot be expunged or erased from an individual’s record. However, certain felony convictions may be eligible for record restriction, which seals the record from public access. Eligibility for felony expungement depends on the specific offense and the person’s criminal history.
If the felony conviction is not eligible for record restriction, you may still be able to seek relief through other legal avenues, such as a pardon or a sentence commutation.
Misdemeanor Record Sealing in Georgia
In Georgia, certain misdemeanor offenses may be eligible for record sealing or record restriction. Misdemeanor record sealing means that the record will not be available to the public, and the individual can legally deny the existence of the record in most situations.
To be eligible for misdemeanor expungement in Georgia, the individual must have completed their sentence, including any probation or parole, and have no new convictions. Certain misdemeanor offenses, such as those involving physical harm or injury, may not be eligible for record sealing.
Expungement of Criminal Charges That Did Not Lead to a Conviction
Yes, in some states, including Georgia, people may be eligible to have their criminal charges expunged or sealed from their records, even if they were not convicted.
Record restriction in Georgia allows people who were arrested but not convicted of a crime to have their arrest record sealed from public access. This can help people who were wrongly accused or had charges dropped or dismissed to avoid negative consequences such as difficulty finding employment, housing, or loans due to a criminal record.
Associated Fees and Paperwork
The fees and paperwork required for expungement or record restriction in Georgia can depend on the type of record and the county where the record is located. In general, there may be fees associated with filing the necessary paperwork with the court or law enforcement agency, obtaining fingerprints and background checks, and obtaining copies of court documents or other records.
People who are seeking expungement or record restriction may need to complete a petition or application and provide supporting documentation, such as proof of completion of a sentence or documentation of eligibility for the specific type of expungement or record restriction sought.
The fees and paperwork required for expungement or record restriction can be complicated, and it’s beneficial to consult with an attorney who has experience in criminal record expungement and restriction cases to ensure the best possible outcome.
Implications of a Successful Expungement
A successful expungement or record restriction in Georgia can have significant positive effects on your life, such as:
- Improved employment prospects: With a criminal record expunged or sealed, you may have a better chance of obtaining employment, as many employers conduct criminal background checks as part of their hiring process.
- Better housing options: Landlords and property managers may deny housing applications to people with criminal records. Expungement or record restriction can help you overcome this barrier and secure better housing options.
- Increased eligibility for loans and other financial opportunities: People with criminal records may face challenges when applying for loans, scholarships, or other financial opportunities. Expungement or record restriction can help to improve your creditworthiness and increase your eligibility for these opportunities.
- Restoration of civil rights: In some cases, a successful expungement or record restriction can restore an individual’s right to vote, serve on a jury, or own firearms.
While expungement or record restriction can have significant benefits, it does not guarantee complete protection from public scrutiny. Certain government agencies and law enforcement agencies may still be able to access the information, and in some cases, you may still be required to disclose their criminal history.
Should I Consult an Expungement Lawyer in Georgia
If you are considering seeking expungement or record restriction in Georgia, consult with an experienced expungement lawyer to understand your option. An expungement lawyer can give guidance on the eligibility requirements, paperwork, fees, and timelines associated with the process.
Additionally, an expungement lawyer can help you understand the potential benefits and implications of a successful expungement or record restriction and can work to advocate on your behalf throughout the process.
To get started on your expungement or record restriction journey in Georgia, reach out to a trusted Georgia expungement lawyer in your area today. They can work with you to reach a successful outcome.
