2024 How to Get Your Criminal Record Expunged in Georgia

Be sure to seek legal guidance if you’re thinking about how to get your criminal record expunged in Georgia and don’t know the first thing about clearing your record or sealing a conviction. If you wish to remove a conviction from your permanent record so you can work toward a future with more opportunities, your goals may be reachable if you qualify.

What Does It Mean to Expunge or Seal Your Record?

When you’re suspected of or found actively committing illegal activity, you are arrested, and if there appears to be valid grounds for your arrest, you are then charged with the offense. A record of your arrest and the charges against you are logged in a permanent criminal record and if found guilty of the charges, there will also be a record of a criminal conviction.

In Georgia, there are no distinct procedures for sealing a record or expunging a crime from one’s criminal history; instead, there is only the option of the Record Restrictions Process. When an individual has successfully completed this process and restricted a particular offense from their record, any evidence of the conviction is inaccessible to third parties such as potential employers, landlords, or license boards.

However, restricted records may still be viewable to law enforcement agencies as well as government entities. There can be several benefits from restricting or clearing a criminal offense from your permanent record. Doing this can eliminate any obligations or consequences that are contingent upon the conviction, provide the person with more job and career options without fear of stigma, and remove other limitations a conviction brings, among other upsides.

Which Crimes Are Eligible for Expungement in GA?

The criteria for essentially removing a crime from one’s permanent record can vary from state to state. In Georgia, it’s possible for most arrests and charges to be expunged if the case against you was eventually dismissed, meaning you were not convicted. Some infractions and minor misdemeanor convictions may be eligible for record restriction, and a few felonies may also qualify, depending on the circumstances.

Misdemeanor convictions that are not eligible for expungement in Georgia include serious traffic crimes such as DUIs, vehicular homicide, and aggressive or reckless driving, along with convictions for domestic violence and sex crimes against a minor. Felonies that are ineligible for restriction include armed robbery, murder, rape, and aggravated sex crimes.

Even when an offense may qualify for restriction, it doesn’t mean the defendant themself may qualify for the expungement process. Individuals might qualify for record restriction if the charges against them were dropped/dismissed if the conviction was their first crime and only one, if the crime was a minor offense, if the trial didn’t result in a guilty verdict, or if the person has completed their probation for the crime and has not been convicted for at least four years since.

How to Apply for Expungement in Georgia

In order to request that a record of a specific crime be restricted, begin by obtaining a copy of your Criminal Record Report, also called a Georgia Crime Information Center (GCIC) report, which details a comprehensive list of your criminal history. You can usually get a printed copy of this document from your local police department for a small fee.

After getting a copy of your criminal record, proceed to file an official expungement/restriction application with the county prosecutor’s office; the office should be in the county in which you were charged with the offense. The prosecutor will typically take a few weeks to review your application before approving it or denying the request for an expungement.

If the county prosecutor’s office approves your expungement application, it’ll be passed on to the Georgia Bureau of Investigation (GBI). The GBI oversees all of the state’s record restriction matters. The bureau will likely charge a small processing fee, and your expungement request will then be finalized and honored.

FAQs

Q: What Crimes Can Be Expunged?

A: Most misdemeanors qualify for expungement (or restriction) if the defendant is eligible; qualifying criteria include completing probation and four years have passed with the individual not committing a criminal violation beyond minor traffic infractions. Severe traffic offenses like DUIs, domestic violence crimes, and sex violations are excluded from this. Certain non-violent felonies may be eligible for restriction.

Q: How Much Does It Cost to Get Your Record Expunged?

A: The total cost of expunging a single record from your criminal history can vary depending on the county and which criminal records are required to obtain, but generally, expenses are around $100 or less for a singular record restriction case. It’s about $25 to acquire one’s GCIC report, $50 to apply with the county’s prosecutor’s office, and another $25 for the GBI to process your case.

Q: Will My Expunged Record Show Up on a Background Check?

A: Any records that have been successfully restricted or expunged from an individual’s criminal record report will not be accessible to any members of the public who may run a background check on that person. This means any potential employers or landlords can run a background check, and the restricted record will not be included in the report. However, such records may still be viewable by law enforcement and government agencies.

Q: How Long Does a Felony Stay on Your Record?

A: How long a felony stays on your criminal record depends on the felony offense. Records of an arrest that did not result in a guilty verdict or felony conviction may no longer show up on background checks after seven years have passed. Certain felony convictions may expire and be restricted after four years. Federal law mandates that employers may only obtain information that’s relevant to the job, accurate, and not out of date.

Seek Experienced and Knowledgeable Legal Help for Expungement Needs

The Law Office of Delisa Williams PC has assisted numerous clients in removing criminal arrests and charges from their permanent record, in addition to misdemeanor and even felony convictions. Schedule a consultation with us today to discuss your case.