Georgia Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in Georgia
You can be qualified to restrict your criminal record in Georgia in case you comply with specific requirements. A criminal record may be restricted in Georgia, which means it is erased, expunged, or sealed under the scenarios mentioned below. Once the record is restricted, it may be only accessed by only criminal justice officials to enforce the law, for the purpose of a criminal investigation, or employment.
Restriction on Georgia Criminal record expungement when you are not convicted of an offense
Cases, which end without a conviction in Georgia, are usually qualified for restriction. For instance, getting a criminal record expunged in Georgia is possible when the charges slapped against a person are dismissed or dropped or they are declared “not guilty” in a trial. However, the rule is not applicable when:
This rule does not apply if:
- The person pleaded guilty to some other charge in the lawsuit
- The case went for trial but the person was not acquitted or dismissed of all the charges
- The person was a part of a plea agreement, which led the charges to be dismissed or dropped, or
- The act that leads to the arrest was part of a criminal activity, which was prosecuted in some other country or state
- Drug possession for the first time: It is possible to get a criminal record restricted in case you were convicted for possessing drugs or pleaded guilty; were not convicted of a drug-related crime ever, and have completed all the conditions of your probation successfully.
- Other first-time crimes: The First Offender Act of Georgia allows some defendants to get probation rather than receiving a court judgment. In case you completed your probation successfully and the police did not arrest you, as well as, was convicted some other crime, the record can be restricted.
- Other crimes: You cannot restrict, seal, or expunge your criminal record if you are convicted of other charges in Georgia even when you get a pardon for the crime officially.
1. Obtain a copy of the Georgia criminal record
You may visit the police department in your locality, pay a small charge and display your ID proof. The local police department will hand you a copy of your criminal record.
2. In case the criminal record displays you were not convicted but were arrested, it is possible to expunge the record
Expungement can be awarded by the court whena) There are no pending criminal charges against you
b) You have not been convicted for the last five years
c) The charges against you were dismissed by the prosecutor without an indictment
d) Arrested but released without the crime being prosecuted
3) Getting your criminal record in Georgia expunged
You need to approach the law enforcement agency, which arrested you. The agency will hand you over certain forms to fill out. You have to be aware of who the arresting department is, arrest date, as well as, the crime details. The department will send the documents to the solicitor or district attorney. Also, it is up to the department to determine whether you comply with the expungement criteria in Georgia or not
In case the prosecutor makes up their mind to approve your expungement request, it is their responsibility to intimate the GCIC. The GCIC will get your arrest record expunged within several months. On the other hand, if the prosecutor rejects the request, you may file a petition in the county’s Superior Court where the arresting law enforcement agency is situated. Such a petition should be filed within 30 days from the date of the denial.
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