A DUI charge can drastically change a person’s life, but expunging a DUI from someone’s record can lead to real benefits like peace of mind and more opportunities. Working with an Atlanta, GA, DUI attorney can help reduce the consequences of a DUI so you can get back on track.
If you are being accused of a DUI, it is important to know your legal rights, including:
In 2013, Georgia changed the name of “expunging” to “record restriction” and required anyone acquitted of charges to have their criminal record restricted. In 2020, a new law was passed, allowing arrests and misdemeanor conviction records to be restricted, in addition to acquittals. Filing a record restriction has a standard procedure:
Due to the complicated application process, it makes the most sense to contact an attorney to help file a record restriction application.
A record is expunged if it is entirely deleted from a system. A record is restricted if it cannot be seen by the public and is only visible to law enforcement. This means that a person’s record is not completely destroyed. Even so, it still cannot be seen by potential employers, property owners, or anyone requiring a criminal background check other than law enforcement.
A DUI charge cannot be expunged or restricted if:
A DUI can potentially be expunged or restricted if:
This is why it is important to contact an attorney as soon as possible after a DUI.
A: In Atlanta, the first DUI you receive is a misdemeanor. This increases to a felony if you receive four or more in ten years. Working with an attorney for a DUI charge can help you find a more positive outcome. They can inform you of your rights, answer questions, and try to lessen your sentence. Using an attorney can even get some DUI cases acquitted or dismissed.
A: If you have pleaded guilty to a DUI in Atlanta or have been found guilty by a jury, your record cannot be restricted or expunged. If you have not pleaded guilty or your DUI case was dismissed, you can contact an attorney to submit a record restriction application. Even if you cannot get your record restricted or expunged, an attorney can help you significantly reduce the negative consequences.
A: A DUI might not completely be removed from your criminal record, but it might be restricted. This means that only law enforcement would be able to see the DUI offense on your record, making it easier to apply for things that require a criminal background check. This only applies to individuals who have not pleaded guilty or been found guilty of a DUI charge.
A: A DUI in Atlanta often comes with fines, depending on how many counts you have committed in the past:
A: If you are convicted of or plead guilty to a DUI charge in Atlanta, it will stay on your criminal record forever. A common myth is that a DUI charge will be expunged after ten years. This is not true and instead applies to additional DUI charges. In Atlanta, if you commit an additional DUI within ten years of the first, there is a mandatory 72-hour jail sentence, $600-$1000 fine, and other requirements like community service and counseling.
The potential benefits of a record restriction for a DUI acquittal or dismissal can be life-changing. Contacting an attorney can help you understand your rights and options for your case. The Law Office of Delisa Williams PC has a wealth of experience serving individuals in the Atlanta area. Request a consultation today to learn about your DUI options.