Generally, no, a felony cannot be expunged from an individual’s criminal record in Georgia. However, they may be restricted.
When a defendant has a conviction on their criminal record, they may have issues getting a professional license, getting a job, and with their right to vote. Even if a criminal case did not end with a formal conviction, if an individual has a record of arrest or criminal prosecution, it can cause them similar issues.
In Georgia, the process to restrict a record is referred to as the Records Restriction Process. An individual may be eligible for record restriction if they were a first-time felony offender or if they received a pardon.
An individual may not be eligible for record restriction if they were convicted of some violent crimes, including:
- Murder
- Rape
- Armed robbery
- Sexual battery
In addition, an individual may not be eligible for record restriction in Georgia if they have other pending criminal charges. There are many benefits for an individual who can have a record restricted, as it will be more difficult for landlords, potential employers, and license boards to access their criminal background information.
If an individual determines that their record is not eligible for restriction, they may be able to seek a sentence commutation or a pardon. There are certain restrictions regarding who is eligible for expungement in Georgia.
In Georgia, it is important to be aware that a criminal conviction will not be erased from a record if an individual seeks to expunge information. Instead, it will be sealed and restricted meaning that the charges will remain but they will not appear when a background check is run.
It is important to be aware that law enforcement agencies, as well as certain licensing entities or employment entities, may still have access to sealed records. This may arise when an individual:
- Applies for naturalization and immigration procedures
- Applies for a state license where they have to swear under penalty of perjury about their criminal record
- Is asked about their restricted record under oath during a criminal trial
- Applies for employment with the federal government or military that requires a background check or security clearance
For more information on expunging a conviction in Georgia, it is important to consult with a local Georgia lawyer.
Factors Influencing Felony Expungement
There are certain factors that can influence a court’s decision about granting a felony expungement, which may include:
- The age of the defendant at the time of the offense
- The nature of the offense
- The amount of time since the defendant was arrested or convicted
- If the defendant completed their court-ordered requirements under their sentence
Which Felonies Can Be Expunged?
Although many felony convictions cannot be expunged, there are some that can be restricted, as noted above, including:
- If the case was dropped
- If the individual was found not guilty, or was acquitted
- When the individual was arrested but never charged
If an individual was convicted, the process may be more complex. Usually, only individuals who were first-time felony offenders or who received a pardon may have their conviction sealed.
For the purposes of expungements, convictions are defined as fundings of guilt that result in sentences that may include:
- Probation
- Time served
- Conditional discharge
- Jail or prison time
- Criminal fines
- Supervised or qualified probation that is not successfully completed
In order to have an individual’s record restricted in Georgia, they will need to meet the eligibility requirements and pay any necessary fees. If an individual cannot afford the fee or is indigent, they may be able to request a waiver. A lawyer can help an individual determine their eligibility and apply for a waiver.
The Process of Expunging a Felony
The process for requesting a restriction in Georgia involves several steps, including:
- Contacting the arresting agency for information on how to properly submit a request
- Completing a Request to Restrict Arrest Record form
- Paying the required filing fee
- Providing evidence to support the request
- Having a court review the request and issue a decision
When an individual is preparing for submitting this type of request, there is certain information they can collect that will help the process, including:
- Date of arrest
- Police department that conducted the arrest
- The type of offense the individual was arrested for
- The outcome of the case
- The sentence received
- The date the sentence was completed
Gathering all of this information can help an individual’s petition. If they hire an attorney, an attorney can assist with finding this information as well as determining the filing fees.
In most situations, it takes up to six months or more to complete the process. In addition, if the request is granted, it may take a law enforcement agency up to six months or more to complete the process.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
After a felony is expunged, or a record restricted, it will usually no longer be a matter of public record. Following this process, an individual will not be required to report the charge or conviction on an application for:
- Housing
- Education
- Employment
- Public benefits
If a background check is performed, the restricted offense should not appear. There are, however, limitations because some records may be provided between law enforcement agencies as well as when an individual applies for certain types of jobs, including:
- Law enforcement positions
- Financial services positions
- Positions working with children
- Healthcare positions
- Legal professions
- Government positions
- Education positions
For more information on when an individual may have to disclose a restricted felony, it is important to consult with an attorney.
Which Felonies Are Not Eligible for Expungement?
In the State of Georgia, there are certain felonies that are not eligible to be restricted, including:
- Murder
- Armed robbery
- Kidnapping
- Rape
- Aggravated assault with intent to rape
- Aggravated child molestation
- Sodomy
- Statutory rape
- False imprisonment when a victim is under 14 and not the individual’s child
There can also be other offenses not eligible for restriction in Georgia, so it is important for an individual to consult with an attorney in Georgia.
Do I Need an Attorney for Help With Felony Expungement?
If you have a criminal record in Georgia, you may have issues applying for housing, getting a professional license, or finding a new job. In order to find out if your felony is eligible to be restricted, you should reach out to a Georgia expungement lawyer.
Having a felony restricted can give you a fresh start and help you find better housing and employment opportunities. You can use LegalMatch to find an expungement attorney in Georgia who can help you find out if your felony is eligible for restriction.
All it takes is around 15 minutes to submit your concern to the LegalMatch website. Within about 24 hours, you will get responses from licensed lawyers near you who are able to give you advice and help you complete the Georgia restriction process.
If your attorney determines that you are not eligible for record restriction in the State of Georgia, they can provide you with advice on other options that may be available to you and help you complete the process that is available in your situation.
