Recently, new legislation passed in Georgia allowed for certain criminal records to be concealed or sealed from public access and viewing. Those who have certain misdemeanor charges or cases that were closed without conviction may be eligible to seal those items from public record, but it is not without a process to get approved for record restriction. This leaves many asking the question, “How much does an expungement cost in Georgia?”
Because the cost of applying for a records restriction varies from one county to the next, individuals wishing to file a petition for a records restriction should contact the arresting agency for fees in other counties. If required to file an application, there is a $25 fee per request in the form of a money order by mail or cash or money order if applying in person.
In Fulton County, you only need to file an application if your arrest was before July 1, 2013. If your arrest was after July 1, 2013, you will need to contact the prosecutor in your case to inform you about expunging your record. The prosecutor will provide you with a form and direct you thereafter. This form may cost as much as $50.
Another fee will be charged by the Georgia Bureau of Investigation’s Georgia Crime Information Center (GCIC) to process the records restriction in their database. GCIC fees range from $10 to $40, depending on what exact records are required. You may still incur additional costs if you are required to obtain a copy of your criminal history and/or a certified copy of the final disposition in your case from the court.
If you need assistance in any of the steps in filing for an expungement, you are not alone. It is not uncommon for individuals seeking a records restriction in Atlanta or surrounding neighborhoods to enlist the assistance of an experienced criminal defense attorney to provide the legal support they need to have success in their request for expungement.
Getting approved for a record restriction means you can apply for housing, employment, or licensing without past criminal activity appearing on your background check. It does not delete or clear your record, though, as criminal justice agencies and judicial officials will still be able to view these records, but it makes certain life challenges easier.
Going through the process of requesting a records restriction or expungement in Georgia can be confusing and daunting. To expedite the legal procedures and ensure you follow the proper protocol in filing for a petition, as well as to confirm your eligibility for a records restriction, speak to an expungement lawyer in Atlanta, GA, regarding the specifics of your unique circumstances.
Getting a petition for a records restriction in Georgia is approved on a case-by-case basis, so you don’t want to take chances in completing the forms improperly. An attorney can offer advice from experience in going about the process in a way that will increase your chances of successfully getting your record expunged. They will also be able to advise you on the fees and court-related costs of filing for expungement.
The cost of hiring an attorney is worth the expense and optimizes your chances of a successful outcome. While there is no exact estimate of the cost of an attorney’s legal assistance in this process, an average estimate would be between $250 and $500, though this number could vary greatly depending on the attorney and the case details.
A: A DUI cannot be expunged if the offender pled guilty or was found guilty by a jury. In addition, certain serious felony charges are ineligible for expungement, including armed robbery, aggravated stalking, murder, felony murder, rape, aggravated sexual battery, aggravated sodomy, aggravated sex crimes, kidnapping, or aggravated child molestation.
A: No, “record clearing” or record restricting in Georgia is not based on time but rather on eligibility and the ability to complete the application process necessary to get approval for record restriction. This includes filing a petition with the court and getting the court’s approval, which is affected by the severity of the offense, whether the sentence is completed, and the criminal history of subsequent charges.
A: To file for expungement in Georgia, you must begin by filing a petition for record restriction with the court. You must also provide evidence that public access to your criminal charges is less impactful than the harm it causes in your circumstances.
A: A DUI charge in Georgia that was a result of the defendant pleading guilty or the result of a guilty verdict decided upon by a jury is not eligible for expungement, also known as record restriction. If DUI charges were dropped or dismissed, the defendant’s records may be eligible for restriction upon court approval following a proper petition filing for a record restriction.
If you are in need of assistance in filing for a petition for records restriction or have found roadblocks at any point along the way within the complex process of obtaining a records restriction, we can help. We are available to answer your questions, help you determine what forms and fees are associated with your county or your prosecutor’s application process, and assist in any other legal processes you are dealing with.
Whether you need legal advice regarding your eligibility for expungement, you’re ready to start the process, or you’ve already taken steps to restrict your criminal record from public background searches, we can provide you with the legal support you need in Georgia. Contact The Law Office of Delisa Williams PC and speak to a member of our knowledgeable and experienced legal team about how we can help you facilitate an expungement and restriction of your criminal records.