How To Expunge A Felony In Georgia

Georgia Expungement FAQ

An expungement is a court-ordered process that restricts the public's access to criminal history on your official background report and seals a criminal conviction court record from public view. Although a criminal record tin can seriously harm employment, didactics, housing, and other vital opportunities necessary to accelerate in life, a court order of expungement clears a person's criminal record for purposes of individual groundwork checks, employers, and existent property leasing applications, besides as most authorities agencies in the employment process. Expungement is limited to certain types of criminal records, still, and must be ordered by a estimate or courtroom. Below are some frequently asked questions regarding expungement in Georgia.

Who is Eligible for an Expungement?

Not all criminal records tin exist restricted in the state of Georgia. Mostly, abort and courtroom records where the charges were dismissed are eligible for expungement. Only certain convictions can qualify for an expungement. Eligibility depends on a wide range of factors such equally the severity of the criminal offence, other criminal history, and more.  Most misdemeanor convictions are eligible for expungement, merely an individual can seek expungement for a maximum of two carve up misdemeanor convictions.  Serious Felony convictions such every bit armed robbery and aggravated stalking are not eligible for expungement.  Many felony convictions, however, tin exist expunged with additional steps through the courts. Our expungement lawyers tin advise on a example-by-example basis and are skilled at making certain filings, which can make expungement available for an otherwise ineligible record. All record restrictions are charge-specific – meaning that if you have more than one charge, each charge tin can be addressed independently. You lot may authorize for restriction if any of the following apply:

• Charges against you were dropped or dismissed
• You are a first-time felony offender (tin apply to sure serious misdemeanors)
• You lot went to trial, which resulted in a not guilty verdict
• You completed probation on a misdemeanor conviction and have not been bedevilled of another offense inside the preceding iv years

What Are the Steps in the Expungement Process?

To file for expungement in Georgia, you must exercise the following:

• File a petition in court requesting expungement of your abort, jail, and court record based on the specific law that makes the charge or conviction eligible for expungement
• Provide show in support of the petition establishing that the record'south impairment to your particular circumstances outweighs the public's involvement in having access to the record
• Obtain an order from the presiding guess requiring both restriction and sealing
• Contact the court clerk, arresting law enforcement agency and jail where you were held to ensure and confirm compliance with the court'southward social club

* Brake alone is sometimes available without a court order, simply without a court-ordered sealing, the court records and any information relating to your example such equally arrest and jail records, remain available to the public.  Meet "Should I Become a Restriction or Expungement" beneath.

Our Expungement Lawyers have obtained expungements across Georgia on hundreds of cases and manage the procedure.

Should I Get a Brake or Expungement?

The primary difference between a brake and an expungement is that an expungement completely eliminates the public'south admission to your arrest and court record. Restriction of a criminal tape simply removes it from your official Georgia and federal criminal history report.  The court file remains bachelor to the public; in fact, many court clerk websites publish case information relating to records that have been restricted but non sealed. Without obtaining a court club to seal, the courtroom files, including any abort records in the file, remain available to the public.  As a result, a restricted but unsealed record is still likely to appear on a private party background bank check for employment and real property leasing applications.

What Misdemeanors and Felonies Are Ineligible for Restriction?

Some of the misdemeanors and felonies that the Georgia Justice Project labels equally ineligible for record restriction include:

Key Excluded Misdemeanor Offenses

• DUIs
• Sexual battery
• Child molestation or other corruption

Excluded Felony Offenses

• Murder or Felony Murder
• Armed robbery
• Rape
• Aggravated sexual battery and aggravated sodomy
• Aggravated child molestation

Take More Questions? Contact United states

If yous are unsure near your situation, information technology is best to contact an expungement lawyer today. The attorneys at Yates & Wheland are dedicated to helping anyone with legal matters. Contact us today for a gratis case consultation.

Source: https://lawyeratl.com/blog/georgia-expungement-faq/

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