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Expungement vs. Record Restriction in Atlanta, GA: What’s the Difference?

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Facing an adverse judgment can be an overwhelming experience. A litigant may be left feeling scared, frustrated, and unsure of what to do. Luckily, this does not necessarily mean the end of the court process. It is important to know there are options. Here, we explore the grounds for a motion for a new trial in Atlanta and common reasons and requirements. If there are legal means to do so, the court can grant a new trial. In 2022, for example, an Atlanta man was granted a retrial based on an insufficiency of evidence during initial proceedings and was later acquitted. A motion for a new trial can be an important legal mechanism. Appeals and New Trials In the post-trial stage, it can be confusing to understand the proper steps to take. One of the first things that must be done is to decide if a motion should be filed for a new trial or an appeal. While similar, these two motions are fundamentally different. A motion for an appeal argues that there was a problem in the court process which caused a defect in the court process. This can include things like ineffective counsel or issues with evidence. Importantly, an appeal seeks to move the case to a higher court, in effect making a request to take it out of the hands of the court of first instance. A motion for a new trial is, in effect, a request to the ruling judge to try the same case again. While this motion, like an appeal, argues that problems occurred during initial proceedings, it does not seek to move the case to the higher courts. Rather, it submits reasons that a new trial should take place under the initial judge, and is grounded on the submission of exculpatory information. Grounds for a Motion for a New Trial A person submitting a motion for a new trial, or “movant,” can make their claim on several grounds. This must be done within 30 days of the initial court judgement. In the state of Georgia, this motion is made possible by Article 2, Chapter 5, Title 5 of the Georgia Code ( §§ 5-5-20 ), which recognizes the following as legitimate grounds for a new trial: I nsufficiency of evidence. This could mean several things, including any errors committed by the court through illegal admissions of evidence or exclusion of exculpatory evidence. Newly discovered evidence. For this to be valid, the evidence must have come to the movant’s knowledge after the trial, and a legitimate reason must be offered for the party not being aware of it before then. The evidence should be consequential and likely to have a bearing on the original outcome of the initial court decision. A contradiction between the judgment and the evidence presented. This occurs when the legal judgment of the court stands in direct conflict or contradiction with the facts presented to the court. This can happen when evidence is interpreted mistakenly or when the evidence presented is clearly exculpatory. Legal errors during trial proceedings. Sometimes errors happen in the pre-trial or trial procedure. If there was impropriety in things like jury instructions, use of inadmissible evidence, or other irregularities that can be shown, there may be a legitimate reason for a new trial. Atlanta Court Backlogs As of June 23, 2023, Fulton County’s Magistrate Court reported over 307,000 case filings since January 1, 2019, with approximately 171,010 landlord-tenant cases. Of these, 14,643 remained open, with 6,952 awaiting a trial date, indicating a significant backlog in eviction-related cases. Court backlogs can delay dates for setting retrials. FAQs Q: How to Win a Motion for a New Trial? A: To be successful in a motion for a new trial, you should be prepared with your filings and justifications. Drafting the motion is crucial. Clear, precise justifications must be given. If, for example, there is new evidence, it must be shown that it serves an exculpatory function. Likewise, justification must be given for it not having been included previously. Being prepared and understanding the guidelines are fundamental when filing a motion for a new trial. Q: What Are the Grounds Upon Which a Court May Grant a New Trial? A: In the state of Georgia , under Title 5 of the Georgia Code, a court may grant a new trial due to newly discovered evidence, problems with the initial evidence presented at the initial trial, and any legal errors that can be shown to have been made as well. In addition, if it can be shown there was a contradiction between the judgment and the evidence presented in the original case, a motion may be granted. Q: What Is the Federal Rule for a Motion for a New Trial? A: Under Federal Rule of Civil Procedure 59 , a motion for a new trial in a federal court must be filed within 28 days after the entry of judgment. The court may grant a new trial if the verdict is contrary to the weight of evidence, involves legal errors, or other reasons that justify a new proceeding, such as juror misconduct or newly discovered evidence. The decision to grant a new trial is within the trial court’s discretion. Q: Can an Attorney Help Get a New Trial in Atlanta? A: A skilled lawyer can help secure a new trial in Atlanta by filing a motion within 30 days of the judgment, demonstrating errors like insufficient evidence, legal mistakes, or juror misconduct. They can gather new evidence, such as uncalled witnesses or exculpatory material, and argue how trial irregularities violated the defendant’s right to a fair trial. If denied, an experienced attorney can appeal to a higher court, leveraging their skills to navigate strict deadlines and complex legal requirements. Speak with an Experienced Lawyer Today Seeking a new trial is a legitimate option should new evidence or extenuating circumstances arise. The process can be complex, and it is critical to have sound legal advice. At The Law Offices of Delisa Williams, PC , our attorneys have a track record of success when it comes to representing and advocating for clients. Contact us today to discuss developing a motion for a new trial. See Related Posts: 2025 Eligibility for Record Restriction in Atlanta: Do You Qualify The Benefits of Record Restriction in Georgia: A Second Chance at Success 

If you are charged with a crime in Georgia, you may face a range of consequences, from serving jail time, paying fines, being on probation, or being ordered to do community service, depending on the crime. However, another penalty is having a criminal record, which can not only stain your reputation but also impede you from obtaining a range of opportunities. Therefore, if you have a criminal record, you should understand how eligibility for record restriction in Georgia works. At The Law Office of Delisa Williams, PC, we provide criminal defense for a myriad of crimes . Whether you have been charged with a misdemeanor or a felony, our lawyers have top-notch skills, extensive experience, and provide the individualized attention necessary to help our clients reach successful outcomes. What Is Record Restriction? If you commit a crime, it will likely appear on your permanent criminal record. Criminal records in Georgia are maintained by the Georgia Crime Information Center (GCIC) and contain identifying information, arrest records, and judicial dispositions. These records are viewable by law enforcement agencies, courts, certain public agencies, employers, and the offenders themselves. According to the Prison Policy Initiative, roughly 38% of adults in Georgia have a criminal record . Of the over 200,000 adult arrests reported statewide, many were for misdemeanors that may qualify for restriction. Because criminal records are viewable to public agencies and employers, having a record can impede your ability to obtain employment, certain licenses, educational opportunities, and even housing. This is why many people seek to get their records expunged or restricted, also known as record sealing. This distinction is beneficial to many offenders because it means that even though the record is still accessible to courts and criminal justice agencies, it is hidden from the public, helping offenders regain their abilities to obtain jobs, housing, licensing, and educational opportunities. Georgia Record Restriction Laws In Georgia, offenders can get up to two misdemeanors restricted from their criminal record. Record restriction laws are pursuant to O.C.G.A. §35-3-37, which outlines the procedures for record restriction, eligibility, and other key factors. To get your record restricted in Georgia, you should contact the prosecuting attorney. If your arrest occurred in Georgia , you may need to contact the SOLICITOR'S OFFICE or DISTRICT ATTORNEY'S OFFICE for misdemeanor restrictions or the District Attorney’s Office for felony charges not resulting in conviction. It is wise to hire a criminal defense lawyer to begin the process for getting your record restricted, whether it is done by application or with the prosecuting attorney. Your lawyer can help you navigate your application and help you with other legal complexities when submitting your request. Record Restriction Eligibility Only certain charges are eligible to get their records restricted or limited from public view. Your lawyer at The Law Office of Delisa Williams, PC can help you determine if you qualify, but generally, the following criteria must be met for record restriction in Georgia: Your case ended with a not-guilty resolution. Your sentence was downgraded. Your criminal conviction was an eligible misdemeanor with the following criteria: You completed the terms of your sentence. You have not been convicted of a crime in at least four years, with certain exceptions. You do not have any pending charges. Generally, felonies are not eligible for restriction by Retro-Active First Offender is a viable tool in removing certain felonies. However, some crimes that are not eligible for record restriction, pursuant to O.C.G.A. §35-3-37, and include: the Misd. not eligible for record restriction are Family violence simple assault and battery, with the exception of youth offenders Family violence stalking Child molestation Public indecency Sexual battery Penalty for Attempting to Obtain Restricted Records The purpose of the record restriction law is to provide for the sealing of criminal records so that offenders have a second chance at life without obstacles. Therefore, violating this law by attempting to view or obtain restricted records is met with consequences. Specifically, if a person illegally obtains or even attempts to obtain sealed or restricted records, they may be met with the following penalties: Paying fines up to $5,000 Serving up to 2 years in jail Or both penalties These penalties also apply to individuals who disclose or attempt to disclose security and privacy methods related to restricted records and other criminal justice information. FAQs Q: How Do I Get My Record Restricted in Georgia? A: The process for getting your record restricted in Georgia depends on your case outcome. If your case met non-conviction criteria, such as getting dismissed or resulting in acquittal, then restriction occurs automatically if you were arrested after July 1, 2013. Nevertheless, following up with the prosecutor is recommended. However, if you were arrested before July 1, 2013, you must fill out an application and submit it to the arresting agency. Q: What Is the New Law for Restricting Convictions in Georgia? A: Georgia’s new record restriction law, Senate Bill 288 , took effect on January 1, 2021. It allows those with certain misdemeanor convictions to restrict those records from public view if they have had no new offenses for four years. The law aims to remove barriers to opportunities, such as employment, housing, and education. Although the records are limited from public view, criminal justice agencies and judicial officials are still able to view the records. Q: What Qualifies for Restriction in Georgia? A: Only certain records qualify for restriction in Georgia. First, typically, only misdemeanors and only certain misdemeanors are eligible for restriction. Specifically, to be eligible for record restriction, you must have met the following criteria: Your conviction must have ended in a not-guilty disposition. You must have completed your sentence. You must not have been convicted of a crime in four years. You must not have any pending cases. Q: Do Felonies Go Away After 7 Years in Georgia? A: No, there is no specific law that states felonies go away after seven years in Georgia. Generally, felonies permanently remain on your record. To get your record expunged or permanently cleared, you should contact a lawyer to advise you of the process. However, certain records can be restricted if they meet eligibility requirements and if you go through the proper channels to request the restriction. Contact an Experienced and Fierce Lawyer Today If you believe your criminal record is eligible for restriction, you should contact us right away . You deserve a second chance and the ability to seek employment, housing, and other opportunities without the barrier of a record. At The Law Office of Delisa Williams, PC, we are here to help you get your life on track and earn your freedom. See Related Posts: Falsely Accused of a Crime in Georgia How Much Does a Criminal Defense Lawyer Cost in Georgia? Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements

The United States Constitution recognizes the right of citizens to own guns, and each state in the union seeks to balance that right with laws to address public safety. According to World Population Review, approximately 49.2% of Georgia residents live in a home with a gun. Georgia gun laws and penalties are designed to protect its residents, and it remains critical that all gun owners understand these regulations. Georgia’s gun laws are some of the most permissive in the country. In the state of Georgia, any “lawful weapons carrier” can carry a handgun on their person, either openly or concealed. They may carry this firearm without a permit in many public places, excluding government buildings, schools, and bars. Who Is Defined as a “Lawful Weapons Carrier” in Georgia? In the state of Georgia, you are considered a “lawful weapons carrier” if you meet the following requirements: You are eligible for a weapons carry license (regardless of whether you have one) in the state of Georgia. You are a resident of a different state and are eligible for a Georgia weapons carry license. You are licensed to carry a weapon in any other state. Who Cannot Possess a Gun in Georgia? While the gun laws in the state of Georgia are considered fairly lax in comparison to other states, certain people are not legally permitted to carry a firearm of any kind. This includes: Anyone under the age of 18. No one under the age of 18 is allowed to buy or possess a gun of any kind. It is also illegal to sell a firearm to anyone younger than 18. Anyone convicted of a felony . It is illegal for anyone convicted of a felony to possess a firearm at any time, anywhere. This includes felonies outside of the state of Georgia as well as within. Anyone convicted of certain misdemeanors. Specific misdemeanors, such as domestic abuse , can revoke your right to possess a firearm. Anyone who has been adjudicated or legally deemed to have mental illness(es). If you have been adjudicated as mentally ill or are legally considered a danger to yourself and/or others, you may not legally be allowed to carry a firearm. As with most other criminal penalties, monetary fines and jail time are both potential penalties for violating gun carrier laws in the state of Georgia. If you have been accused of unlawful weapon possession, hiring an Atlanta criminal defense lawyer is an important move you can make to clear your name. If you want to avoid penalties, such as fines and jail time, having a skilled lawyer on your side can make or break your case. What Are Some of the Defenses Against Gun Carrier Violation Charges Facing any kind of criminal charges can be stressful, but several types of defenses may potentially lead to the charges being lessened or dropped. Here are some examples: Lack of possession or knowledge. An example of this would be an unknowing and non-carrying person in a car with a friend who is armed. When pulled over by law enforcement, they do not inform the police about their weapon, and the police find it in the backseat. In this case, you would need strong evidence of non-involvement to avoid being successfully prosecuted. Location misidentification or lack of notice. Carrying in prohibited places is illegal, but a skilled attorney can argue that you were unaware of those restrictions or that they weren’t clearly identified. Lack of intent or notice may not clear you of wrongdoing, but it can weaken the prosecution’s case. Lack of evidence. Evidence is a key part of building a compelling case, and if there isn’t enough applicable evidence, the case may not hold up in court. Having an experienced Atlanta gun crime lawyer advocating for you can help you navigate your difficult situation. The team of skilled lawyers at The Law Office of Delisa Williams PC is ready to help you build a compelling case against your charges and assist you every step of the way. FAQs Q: What Is the Minimum Sentence for Illegal Gun Possession in Georgia? A: The minimum sentence for illegal gun possession can vary in the state of Georgia as the result of several variables involved in your case. Having a defense lawyer advocating on your behalf can be a helpful tool when pursuing the minimum sentence or advocating to be cleared of all charges. Q: Can You Carry a Loaded Gun in Your Car in Georgia Without a License? A: In the state of Georgia, you are legally allowed to carry a loaded gun in your car without having a license as long as you are not prohibited by law, and it must be out in the open. For example, if you have been convicted of any felonies, you would be prohibited from possessing a firearm of any kind. Q: Do You Have to Tell a Cop You Have a Gun in Georgia? A: It is always wise to inform law enforcement of any weapons you have. If a police officer pulls you over, you should keep your hands where the officer can see them and respectfully inform them of the weapons you have in your car and/or on your person. This shows them that you are not a threat, that you are cooperating, and that you have no wish to escalate the situation. Q: Can Gun Charges Be Dropped in Georgia? A: It is possible for gun charges to be dropped in Georgia , which is why you need a skilled criminal defense lawyer on your side. Because they understand the judicial system, they can craft a strong defense against your charges. A skilled attorney knows the most effective strategy to employ on behalf of their client. Get More Information Today Facing criminal gun charges can be an overwhelming and confusing experience. Fortunately, you do not need to face your impending legal proceedings alone. At The Law Office of Delisa Williams PC , an accomplished team of lawyers is ready to take on your case. Contact us today for a consultation. See Related Posts: Falsely Accused of a Crime in Georgia How Much Does a Criminal Defense Lawyer Cost in Georgia? How To Get Your Criminal Record Expunged in Georgia Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements

Having an arrest on your criminal history records can be a significant barrier to employment, housing, and even educational opportunities. Many individuals with past offenses struggle to move forward in life due to the stigma associated with their records. Fortunately, record restriction in Georgia offers a second chance by limiting public access to certain records, allowing individuals to have their record restricted while still being accessible to law enforcement and the arresting agency. This legal process ensures that past mistakes do not define a person’s future while upholding justice. Understanding the cost of applying for record restriction is important, as fees may vary based on the jurisdiction and specific case. Preventing unnecessary discrimination, record restriction provides numerous benefits that can positively impact individuals and society as a whole. What Is Record Restriction? Record restriction is a legal process that removes or limits public access to certain criminal records. While the record may not be completely erased, it becomes hidden from public view, including potential employers, landlords, and educational institutions. Law enforcement and certain government agencies may still access the record, but for most practical purposes, it no longer affects a person’s opportunities. In Georgia, this process is governed by O.C.G.A. §35-3-37 , allowing eligible individuals to move forward without past mistakes limiting their future. Key Benefits of Record Restriction Individuals in Georgia can request to have their records restricted, ensuring that past offenses do not appear in background checks conducted by employers, landlords, or educational institutions. When a disposition does not lead to a conviction or the state chooses not to prosecute , record restriction allows for a fair chance at rebuilding one’s future. This process supports rehabilitation and provides opportunities for employment, housing, and education while maintaining fairness within the criminal justice system . Below are the key benefits of record restriction: 1. Better Employment Opportunities One of the most significant advantages of record restriction is the ability to secure better job opportunities. Many employers conduct background checks, and a criminal record can be a major obstacle to getting hired. With a restricted record, individuals have a fair chance to compete in the job market without past mistakes defining their future. 2. Increased Housing Options Landlords often perform background checks before renting to potential tenants. A criminal record can lead to automatic disqualification or increased rental deposits. Record restriction helps individuals secure stable housing by removing past offenses from consideration during tenant screenings. 3. Improved Educational Prospects Many colleges and universities ask about criminal history during the admissions process. A restricted record can increase access to higher education by ensuring that past mistakes do not unfairly limit educational opportunities. 4. Eligibility for Professional Licenses Certain careers require professional licenses, which can be difficult to obtain with a criminal record. Record restriction allows individuals to pursue careers in healthcare, law, finance, and other fields that may have been previously inaccessible. 5. Personal and Social Benefits Beyond professional and legal advantages, record restriction can improve mental health and self-esteem. Knowing that past mistakes no longer define one’s future can provide a sense of relief and motivation to pursue a better life. Additionally, reducing barriers to employment and housing decreases recidivism rates, making communities safer and more stable. How to Apply for Record Restriction in Georgia The process for record restriction in Georgia depends on several factors, including the type of offense, the time elapsed since the case was resolved, and whether the individual has fulfilled all sentencing requirements. To determine eligibility, a review of the Georgia criminal history is often necessary. In many cases, the prosecuting attorney plays a role in approving or contesting the restriction request. Generally, the process involves: Determining eligibility based on state laws. Filing a petition with the appropriate court. Attending a hearing if required. Receiving approval and ensuring the record is properly restricted. Legal assistance may be helpful in navigating the record restriction process in Georgia, as the requirements can be complex. Consulting an Atlanta expungement attorney can help ensure your eligibility and improve your chances of success. Final Thoughts Record restriction is a powerful tool that allows individuals to move forward with their lives without the burden of a criminal past. By improving access to employment, housing, and education, this legal process helps people become productive members of society. If you or someone you know may qualify for record restriction, exploring this option could be the key to unlocking a brighter future. The Law Office of Delisa Williams is here to guide you through the process. Contact an experienced Atlanta Criminal Defense Attorney today to take the first step toward clearing your record and securing new opportunities. See Related Post: Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements