Expungement Guide

Georgia Expungement

Georgia Expungement
In the state of Georgia all records in accordance with incidents surrounding a crime can be erased. This includes the arrest record, trial records, and detention records. Before applying for expungement an individual will need to wait a designated amount of time since the arrest or the case's dismissal beforehand or show that there was no conviction. Under conviction an individual will need to show that he or she fulfilled the sentence, did not have any prior convictions, and is not involved currently in any criminal matters. The court will take the seriousness of the crime committed into consideration before making a decision. In some Georgia jurisdictions when a minor has committed a crime and becomes of adult age--seventeen or eighteen--he or she can have his or her records automatically expunged. This gives the individual the opportunity to have a clean adult record.

Expungement Defined
Expungement is the legal erasure of criminal records. After an expungement has been granted the public and law enforcement agencies will not be able to access the records, and it will appear that no conviction took place as stated under Georgia law. A person can then legally state that he or she was not accused of a crime or arrested. Against popular belief when a record is expunged and erased it is only removed figuratively. The record still exists and can be accessed by government officials if needed. An expunged record can be reopened in certain circumstances. After a record has been expunged, if the individual commits another criminal act, the erased record will most often reappear and be used as a prior conviction. When an individual runs for public office or applies to enter the United States military, all records--including expunged records--will be reviewed.

The records that may be destroyed include photographs, cards, fingerprints, and any documents in relation to the person. Any information that is not destroyed is held for constitutional reasons and will not be disclosed for any civil or law enforcement purpose unless ordered by the court. Custody records as kept by the county and municipal jail or detention center records cannot be expunged in the state of Georgia. DNA records for those with reversed convictions or with dismissed charges may be expunged.

Expungement Eligibility
Only some criminal cases are eligible for record expungement. These include juvenile records of non-adjudicated delinquents and charges that have been eliminated without a conviction without a crime conviction in the past five years. Those that are eligible may petition the appropriate law enforcement agencies in a written request. Upon reviewing a case, a petition for expungement can be denied if the paperwork was not completed correctly or it is not in the favor of the court. If a petition is denied, the individual may challenge the decision in court. Any individual who can show that his or her record is incomplete or inaccurate can apply for a petition. Those that have had charges nolled, dead-docketed, or dismissed due to a plea agreement may not apply for erasure.

See also:
Georgia Misdemeanor External link (opens in new window)
Georgia Felony External link (opens in new window)
Georgia Gun Laws External link (opens in new window)


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I'm 20 and i can't lie i messed up my life coming up here to Iowa. I had a clean record coming from Mississippi oh my god. The public defender and prosecutors work together. I got caught a DV when my partner wasn't injured and they didn't have no evidences. I took the serious misdemeanor deal because the prosecutor was threatening to take my pregnant girlfriend into at 9 months. I didnt want her to have the baby in jail and i didnt want my daughter to go into the system. And I'm reading it look like i can't get this expunged FUCK!!! I messed my life up and I wanted to go into the nursing field

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Sam Mathew
Friday, September 13, 2013

I was arrested for DUI in 2010. I took the Dui to a Trail and hung the jury. The state chose to retry me. THe 2nd trial the prosecution's witness did not show up(cop).... The case was thrown out of court. My record still reflects a DUI. My attorney is telling me even though we beat the case, it will remain on my record as though i were convicted. WHAT!!!!???????? The only option he said is to send a letter the governor and try to have it pardoned..The only prob there is our current governor pardons nobody! There has got to be something i can do !?? I am applying for jobs! I am innocent!!!

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Charlie
Thursday, September 12, 2013

I pled guilty to 4 misdemeanor's at the age of 19. Does that mean that I can not have my record expunged?

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Kristin
Friday, September 6, 2013

Im in the state of Ga and I want to know if someone has already been in jail for 9 months for aggravated
, shouldn't he be able to be bonded out>

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Tamina
Sunday, September 1, 2013

My son was charged with a felon for domestic battery and had a plea with a condition as a first offender at 42 it would be expunged. The parish where the offense was committed did expunged the felony but we received a notice that the law changed and the state of LA will not expunged it? If the plea was done before the new law was passed but the probation was not finished before the law passed can the state refuse to expunge it? It is in the court documents

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Anthony
Saturday, August 17, 2013

Can a Hit Skip class I misdomeaner be expunged in Ohio ?

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Genny
Wednesday, July 31, 2013

In Jan 2010, my wife and I were both charged with Simple Assault in the 4th, or DV. I called the police and when they arrived they arrested both of us as they did not see the fight start. Even though my and my wife's statement both said she started it and was physically violent, my wife and I both pled guilty to stay out of jail and we both received probation with our records to be expunged upon completion. Fast forward to Feb 2013 and we go to buy my wife a handgun. After a background check, she gets the ok from the gun store to pick it up. Does that mean they really were expunged?

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Al
Tuesday, July 30, 2013

I have a possession of marijuanna from 1998 and had a possession of counterfeit checks in 2001 but haven had a speeding ticket since. Can I get those expunged? I want to apply for a gun permit

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Kevin
Wednesday, July 24, 2013

I plan to drive back to Alaska from Washington state, but have a felony from 1998, how can I successively drive through Canada?

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Roberta Greenlee
Sunday, July 21, 2013

VA Residents - here is the site to see who your local delegate is so you can contact them and make sure this bill is passed in General Assembly 2014: http://conview.state.va.us/whosmy.nsf/VGAMain?openform

Please join me to have this law CHANGED!!! We are ready to take back our lives!!

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Rob
Thursday, July 18, 2013

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