delisa-williams

What to Do If You Violate Probation in Atlanta, Georgia

Thu, 09 Apr 2026 16:00:32 GMT

What to Do If You Violate Probation in Atlanta, Georgia

Probation is often seen as a second chance—an opportunity to avoid jail time while serving your sentence under supervision. However, violating the terms of your probation in Atlanta, Georgia, can lead to serious consequences, including arrest, additional penalties, or even incarceration.

If you believe you’ve violated your probation, it’s critical to act quickly and understand your legal options.

What Counts as a Probation Violation?

A probation violation occurs when you fail to comply with the terms set by the court. In Georgia, common violations include:

Missing a scheduled meeting with your probation officer
Failing a drug or alcohol test
Not paying fines, fees, or restitution
Being arrested or charged with a new offense
Leaving the approved area without permission
Failing to complete court-ordered programs

Even a minor violation can trigger serious legal consequences, so it’s important not to take the situation lightly.

What Happens After a Probation Violation in Atlanta?

If your probation officer believes you violated your terms, they may file a violation report with the court. From there, several things can happen:

1. A Warrant May Be Issued

The judge may issue a warrant for your arrest, meaning you could be taken into custody without warning.

2. You May Have a Probation Revocation Hearing

At this hearing, the court will determine whether a violation occurred and what penalties should apply.

3. Possible Consequences

Depending on the circumstances, the judge may:

Continue your probation with the same terms
Modify your probation conditions
Extend your probation period
Revoke probation and impose jail or prison time

Can You Fight a Probation Violation in Georgia?

Yes. You have the right to defend yourself against a probation violation.

In many cases, there may be valid defenses, such as:

Misunderstandings or administrative errors
Lack of evidence
Inability to pay fines due to financial hardship
False allegations or mistaken identity

An experienced Atlanta probation lawyer can evaluate your case and build a defense strategy aimed at minimizing penalties or avoiding jail time altogether.

Why You Should Contact a Lawyer Immediately

Timing is critical in probation violation cases. The sooner you speak with a lawyer, the better your chances of protecting your freedom.

A skilled attorney can:

Represent you at your probation revocation hearing
Challenge the evidence against you
Negotiate for reduced penalties
Advocate for alternatives to incarceration

Trying to handle a probation violation on your own can put you at serious risk.

How a Probation Lawyer in Atlanta Can Help

At The Law Office of DeLisa Williams, PC, clients throughout Atlanta and Georgia receive dedicated legal support for probation violations, parole matters, and post-conviction relief.

With experience navigating Georgia’s criminal justice system, Attorney DeLisa Williams works to:

Protect your rights
Present strong legal defenses
Seek the best possible outcome for your case

Contact an Atlanta Probation Lawyer Today

If you’ve violated probation in Atlanta, Georgia, don’t wait to get legal help. The consequences can escalate quickly—but you may still have options.

�� Call The Law Office of DeLisa Williams, PC at 404-800-4882 to schedule a consultation and discuss your case today.

What Are Your Options After a Criminal Conviction in Georgia?

Thu, 12 Mar 2026 16:00:35 GMT

What Are Your Options After a Criminal Conviction in Georgia?

A criminal conviction can feel like the end of the road—but in Georgia, it often isn’t. Even after a guilty verdict or plea, you may still have legal options available to challenge the outcome, reduce penalties, or avoid incarceration altogether. Understanding post-conviction options is critical, especially because many of them are subject to strict deadlines.

At The Law Office of DeLisa Williams PC , we help individuals in Atlanta and throughout Georgia explore post-conviction relief options and take timely action to protect their rights and future.

Understanding Post-Conviction Relief in Georgia

Post-conviction relief refers to legal remedies available after a conviction has occurred . These options may apply whether your case resulted from a trial or a plea agreement. Depending on your circumstances, post-conviction relief can include:

Appeals
Motions for a new trial
Probation or parole advocacy
Habeas corpus petitions

Each option serves a different purpose and has different eligibility requirements.

Filing an Appeal After a Criminal Conviction

If legal errors occurred during your trial—such as improper evidence being admitted, constitutional violations, or ineffective assistance of counsel—you may be able to file a criminal appeal .

An appeal does not involve retrying your case. Instead, a higher court reviews the trial record to determine whether errors affected the outcome. If successful, an appeal could result in:

A new trial
A modified sentence
Reversal of the conviction

⚠️ Important: Appeals in Georgia are subject to strict filing deadlines , so acting quickly is essential.

Motions for a New Trial

In some cases, a motion for a new trial may be appropriate. This option is typically pursued shortly after conviction and may be based on:

Newly discovered evidence
Procedural errors during trial
Jury misconduct
Legal errors that impacted the verdict

If granted, the court may order a new trial or take corrective action.

Probation After Conviction

Probation is often used as an alternative to incarceration, allowing individuals to remain in the community under court-ordered supervision. However, probation comes with strict conditions, such as:

Reporting to a probation officer
Completing classes or treatment programs
Paying fines or restitution

Violating probation—even unintentionally—can result in jail or prison time. If you’re accused of a probation violation, it’s critical to consult a defense attorney before admitting to any violation , as defenses may be available.

Parole and Post-Release Options

For individuals serving time in custody, parole may offer a path to conditional release. Parole decisions depend on multiple factors, including behavior while incarcerated and the nature of the offense.

Legal representation can be valuable in parole matters, particularly when preparing documentation, responding to violations, or advocating for continued release.

Habeas Corpus and Other Post-Conviction Remedies

In certain situations, individuals may pursue habeas corpus relief , which challenges the legality of detention itself. These cases are complex and often involve constitutional issues, such as ineffective assistance of counsel or due process violations.

Why Legal Guidance Matters After Conviction

Post-conviction cases move quickly and are governed by technical rules. Missing a deadline or choosing the wrong legal strategy can permanently limit your options. Having an experienced post-conviction attorney can make a meaningful difference in the outcome.

At The Law Office of DeLisa Williams PC , we work with clients who were not previously represented by our firm, reviewing cases carefully to determine whether post-conviction relief is available.

Speak With an Atlanta Post-Conviction Attorney

If you or a loved one has been convicted of a crime in Georgia, you may still have options. Whether you’re considering an appeal, dealing with probation issues, or exploring other post-conviction remedies, experienced legal guidance can help you move forward with clarity and confidence.

When Should You Contact a Personal Injury Attorney in Atlanta?

Thu, 12 Feb 2026 05:00:32 GMT

When Should You Contact a Personal Injury Attorney in Atlanta?

If you’ve been injured in an accident caused by someone else’s negligence, it’s natural to feel overwhelmed and unsure of what to do next. Between medical appointments, missed work, and dealing with insurance companies, many people delay seeking legal help—often without realizing how important timing can be.

Knowing when to contact a personal injury attorney in Atlanta can make a significant difference in protecting your rights and pursuing the compensation you deserve.

Immediately After a Serious Injury

In general, it’s best to speak with a personal injury attorney as soon as possible after an injury , especially if the accident resulted in serious harm. Early legal guidance can help ensure that important evidence is preserved, witnesses are identified, and your claim is positioned properly from the start.

This is particularly important in cases involving:

Car, truck, or motorcycle accidents
Slip and fall or premises liability injuries
Bicycle or pedestrian accidents
Medical malpractice
Wrongful death

The sooner an attorney is involved, the easier it is to build a strong foundation for your case.

Before Speaking with Insurance Companies

Insurance adjusters often contact injured individuals quickly after an accident, sometimes requesting recorded statements or offering early settlements. While these conversations may seem routine, they can significantly impact your claim.

Before speaking with an insurance company or accepting any settlement offer, it’s wise to consult with a personal injury attorney. An attorney can help protect you from statements being taken out of context and ensure that any settlement reflects the true extent of your injuries and losses.

When Your Injuries Are More Serious Than You First Thought

Some injuries are not immediately apparent. Conditions such as traumatic brain injuries, soft tissue damage, or internal injuries may worsen over time. If your symptoms persist, intensify, or require ongoing treatment, contacting an attorney can help ensure that future medical costs are considered as part of your claim.

Waiting too long can make it harder to connect your injuries to the accident, which insurance companies may use to challenge your case.

If Fault or Liability Is Disputed

When there is disagreement over who caused the accident, legal representation becomes especially important. A personal injury attorney can investigate the circumstances, gather evidence, and work to establish liability.

This is common in cases involving:

Multi-vehicle accidents
Unsafe property conditions
Accidents involving commercial vehicles
Animal attacks or premises liability claims

An experienced attorney can help navigate these complexities and advocate on your behalf.

Before Georgia’s Statute of Limitations Expires

Georgia law places strict time limits on personal injury claims. In most cases, there is a limited window to file a lawsuit , and missing this deadline can result in losing your right to seek compensation entirely.

Contacting a personal injury attorney early helps ensure that all legal deadlines are met and that your case is handled properly under Georgia law.

When You’ve Lost a Loved One Due to Negligence

In the tragic event of a wrongful death, families are often unsure where to turn. A personal injury attorney can help surviving family members understand their rights and pursue a wrongful death claim with care, respect, and sensitivity.

While no legal action can undo the loss, holding responsible parties accountable can provide a sense of justice and financial support during an incredibly difficult time.

Personal Injury Representation in Atlanta with DeLisa Williams

At The Law Office of DeLisa Williams PC , clients receive compassionate guidance and experienced legal representation throughout every stage of a personal injury claim. Attorney DeLisa Williams is dedicated to protecting the rights of injury victims in Atlanta and working toward fair compensation for medical expenses, lost income, and other damages.

If you’ve been injured and are unsure whether you need legal representation, scheduling a consultation can help you understand your options and next steps.

Do I Need a Trademark for My Business in Georgia?

Thu, 15 Jan 2026 17:00:01 GMT

Do I Need a Trademark for My Business in Georgia?

If you own a business in Georgia, your brand is one of your most valuable assets. Your business name, logo, slogan, or product name helps customers recognize you and sets you apart from competitors. But many business owners wonder: do I really need a trademark to protect my brand?

While not every business is legally required to register a trademark , doing so can provide powerful protections that help prevent disputes, confusion, and costly legal issues down the road.

What Is a Trademark?

A trademark is a word, phrase, symbol, logo, or design that identifies the source of goods or services. Trademarks help consumers distinguish your business from others in the marketplace.

In the U.S., trademark rights can arise from use in commerce , but federal registration with the United States Patent and Trademark Office (USPTO) provides significantly stronger protection.

Is a Trademark Required to Run a Business in Georgia?

No — Georgia law does not require businesses to register a trademark to operate. However, not having a registered trademark can leave your brand vulnerable .

Without federal registration:

Your rights may be limited to the geographic area where you operate
Another business may register a similar name or logo later
Enforcing your brand rights can be more difficult and expensive

A registered trademark helps protect your brand nationwide, not just locally.

When Should a Georgia Business Consider Trademark Registration?

You should strongly consider registering a trademark if you:

Have invested time and money into branding
Operate online or plan to expand beyond Georgia
Want to prevent competitors from using similar names or logos
Sell products or services under a unique brand name
Plan to license, franchise, or sell your business in the future

Trademark registration can be especially important for startups, creatives, e-commerce sellers, and service-based businesses.

What Are the Benefits of a Federal Trademark?

Registering your trademark with the USPTO offers several advantages, including:

Nationwide legal protection
Public notice of your ownership rights
The ability to bring trademark infringement claims in federal court
Stronger leverage when sending cease and desist letters
Increased brand credibility and value

A registered trademark can also become a valuable business asset over time.

What Happens If You Don’t Register a Trademark?

Without registration, you may face situations where:

Another business claims rights to a similar mark
You receive a cease and desist letter unexpectedly
You are forced to rebrand after investing in marketing
Your ability to expand is limited due to naming conflicts

Many businesses only realize the importance of trademarks after a dispute arises.

Do I Need a Trademark Attorney?

While it’s possible to file a trademark application without an attorney, trademark law can be complex. Applications can be denied due to:

Conflicting existing trademarks
Improper descriptions of goods or services
Technical filing errors
Office actions that require legal responses

A trademark attorney can:

Conduct clearance searches to reduce risk
Help determine what can be trademarked
Prepare and file a strong application
Respond to USPTO office actions
Advise on enforcement and brand protection strategies

Trademark Attorney for Georgia Businesses

At The Law Office of DeLisa Williams PC , Georgia business owners receive thoughtful, one-on-one legal support for trademark registration, protection, and enforcement. Attorney DeLisa Williams works directly with each client to develop a trademark strategy that aligns with their business goals—whether you’re launching a new brand or protecting an established one.

Schedule a Consultation

If you’re unsure whether your business needs a trademark, experienced legal guidance can help you make an informed decision before problems arise.

What to Do Immediately After a Car Accident in Atlanta, GA

Fri, 28 Nov 2025 03:00:03 GMT

What to Do Immediately After a Car Accident in Atlanta, GA

A car accident can happen in seconds, but the effects can last a lifetime. From painful injuries and emotional stress to medical bills and lost wages, the aftermath can quickly feel overwhelming. Knowing the right steps to take after a crash in Atlanta can protect your health, strengthen your legal rights, and help you seek the compensation you deserve.

At The Law Office of DeLisa Williams PC , we stand by accident victims in Atlanta and throughout Georgia, guiding them through the challenges that come after a collision. Here’s what you should do right away if you’ve been involved in an auto accident.

1. Check for Injuries and Call 911

Your safety and the safety of others should always come first. After a crash, check yourself, passengers, and others involved for injuries. Even if injuries seem minor, call 911 immediately. Emergency responders can provide medical attention and create a police report, which will be crucial for your case later.

2. Move to Safety and Secure the Scene

If possible, move vehicles out of the roadway to avoid further accidents. Turn on hazard lights and use flares or reflective triangles if available. Keeping the scene secure helps prevent additional injuries and shows responsibility.

3. Contact Law Enforcement

In Georgia, you are required to report accidents that involve injury, death, or property damage exceeding $500. The responding officer will create an accident report, which becomes an essential piece of evidence if you pursue a claim. Always request a copy of this report for your records.

4. Gather Evidence

The moments right after a crash are often the most important for collecting information. If it’s safe to do so:

Take photos of the scene, vehicle damage, and road conditions.
Get the names, contact information, and insurance details of other drivers.
Speak to any witnesses and ask for their contact information.

This documentation can help build a strong case when it comes time to seek compensation.

5. Seek Medical Attention

Even if you feel fine, injuries like whiplash, concussions, or internal injuries may not show symptoms right away. Visiting a doctor after an accident ensures your health is taken seriously and provides medical records that connect your injuries to the crash.

6. Notify Your Insurance Company

Most insurance policies require you to report accidents promptly. Stick to the facts when speaking with your insurer, but avoid admitting fault or speculating about the crash. Insurance companies may try to minimize payouts — and anything you say could affect your claim.

7. Contact an Atlanta Car Accident Attorney

After an accident, you may face pressure from insurance adjusters or confusion about what steps to take next. Having a legal advocate on your side ensures your rights are protected and that you’re not taken advantage of during a vulnerable time.

At The Law Office of DeLisa Williams PC , we carefully review the details of your case, stand with you through the legal process, and fight for the full compensation you deserve. Whether it’s medical bills, lost wages, or pain and suffering, we are committed to helping you move forward.

Take Action Today

If you’ve been in a car accident in Atlanta, don’t wait to get the help you need. The steps you take immediately after a crash can impact your health, your case, and your future.

�� Call The Law Office of DeLisa Williams PC today at 404-800-4882 to schedule a consultation.
�� Learn more: www.georgiadefenseatty.com

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

Fri, 31 Oct 2025 01:15:00 GMT

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

If you have a criminal record in Georgia, you already know the lasting impact it can have on your life. From job applications and housing opportunities to pursuing higher education, a past charge or conviction can create barriers long after your case has ended. The good news is that Georgia law allows certain people to limit or even clear access to their criminal records. However, many people get confused when they hear the terms expungement and record restriction .

At The Law Office of DeLisa Williams PC , we help Atlanta residents understand their options and guide them through the process of regaining control of their future. Here’s what you need to know about the differences between record restriction and expungement in Georgia.

What Is Record Restriction in Georgia?

In Georgia, most cases fall under the term record restriction , rather than traditional “expungement.” Record restriction means that certain criminal records are sealed from public view. Employers, landlords, and schools will not see these charges on a background check. However, the records are still accessible to law enforcement and some government agencies.

This process can be life-changing for someone trying to secure employment, apply for housing, or move forward in their personal and professional life without the weight of a past arrest or charge.

What Is Expungement?

Expungement is the complete erasure of a criminal record. While Georgia uses the term “record restriction” more commonly, some situations may allow for records to be entirely removed. When a record is expunged, it’s as if the arrest or conviction never happened in the eyes of the public.

It’s important to note that while you can legally state you were not arrested or convicted once your record is expunged, some exceptions remain. For example, if you are applying for a professional license or certain government positions, disclosure may still be required.

Key Differences Between Record Restriction and Expungement

Although people often use the two terms interchangeably, there are important distinctions:

Record Restriction : The record is sealed from public access but still exists for law enforcement and government agencies.
Expungement : The record is erased from public view entirely, and in some cases, you are legally permitted to deny the charge ever occurred.
Availability : Record restriction is more common under Georgia law, while true expungement may apply in limited situations.
Impact : Both options can help reduce barriers when applying for jobs, housing, or educational opportunities.

Why These Processes Matter

Clearing or restricting a record can make the difference between getting hired, being approved for housing, or moving forward in your career. For many, it’s a second chance to rebuild without the stigma of past mistakes or wrongful arrests.

At The Law Office of DeLisa Williams PC , we understand how crucial this step can be for your future. Our team helps clients determine eligibility, prepare filings, and navigate the process in Atlanta and throughout Georgia.

Take Control of Your Future Today

If your past record is holding you back, now is the time to act. Whether you qualify for record restriction or expungement, you deserve the opportunity to move forward with confidence.

�� Call The Law Office of DeLisa Williams PC today at 404-800-4882 to schedule a consultation and learn how we can help you clear your record.

First-Time DUI in Georgia: Penalties and Defense Options

Tue, 30 Sep 2025 00:03:44 GMT

First-Time DUI in Georgia: Penalties and Defense Options

Being charged with a DUI for the first time in Georgia can feel overwhelming. Many people have never faced the criminal justice system before, and the thought of fines, jail time, and the loss of driving privileges is frightening. At The Law Office of DeLisa Williams PC , we know how stressful this moment can be, and we are here to help guide you through every step.

Penalties for a First-Time DUI in Georgia

Even a first offense can bring serious consequences in Georgia. Judges and prosecutors treat DUI cases with gravity, and penalties can affect your freedom, finances, and future. Some of the most common penalties for a first-time DUI include:

Jail Time : A minimum of 24 hours in jail, with the possibility of up to one year.
Fines : Fines ranging from $300 to $1,000, plus additional court costs and surcharges.
License Suspension : Your driver’s license may be suspended for up to one year. Limited permits may be available in certain cases.
Community Service : At least 40 hours of community service, often more depending on circumstances.
Probation : Up to 12 months of probation.
Alcohol or Drug Counseling : Mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program.

Beyond these penalties, a DUI conviction can also lead to higher insurance rates, professional setbacks, and damage to your reputation.

Defense Options for a First-Time DUI

The good news is that being arrested for DUI does not automatically mean you will be convicted. There are a number of defense options that can be explored depending on your case:

1. Challenging the Stop

Police must have reasonable suspicion to pull you over. If they lacked valid grounds, the stop itself could be challenged.

2. Questioning Field Sobriety Tests

Field sobriety tests are not always reliable. Poor instructions, medical conditions, or uneven road surfaces can affect performance.

3. Reviewing Breathalyzer Accuracy

Breathalyzer machines require proper calibration and maintenance. Inaccurate readings can be used to challenge the prosecution’s case.

4. Examining Police Procedures

If law enforcement failed to read your Miranda rights, mishandled evidence, or ignored required procedures, these errors may work in your favor.

5. Negotiating for Reduced Penalties

In some cases, it may be possible to reduce charges or penalties through negotiation, especially for a first-time offense.

Why Work With The Law Office of DeLisa Williams PC

Facing a first-time DUI is a serious matter, but you don’t have to face it alone. Attorney DeLisa Williams understand the complexities of Georgia DUI laws and are dedicated to protecting your rights. Whether it’s challenging faulty evidence, questioning police conduct, or fighting for reduced penalties, we strive to pursue the best outcome possible for your case.

Take the Next Step Today

A first-time DUI charge does not have to define your future. With the right legal defense, you may be able to protect your license, your record, and your freedom.

�� Call The Law Office of DeLisa Williams PC today at 404-800-4882 to schedule a consultation and begin building your defense.

Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements

Fri, 09 May 2025 13:46:58 GMT

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

Fri, 09 May 2025 13:40:57 GMT

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:

Georgia Gun Laws and Penalties 2025 – All You Need to Know

Wed, 19 Mar 2025 13:32:43 GMT

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:

The Benefits of Record Restriction in Georgia: A Second Chance at Success

Tue, 18 Mar 2025 22:29:04 GMT

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

Field Sobriety Tests in Georgia DUI Cases: What You Need to Know (2025)

Thu, 13 Mar 2025 22:21:55 GMT

When a driver is suspected of driving under the influence (DUI), law enforcement officers often administer field sobriety tests (FSTs) to assess impairment. These tests are designed to evaluate a driver’s balance, coordination, and ability to follow instructions. However, they are not always accurate and can be challenged in court.

Types of Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has approved three standardized field sobriety tests that officers commonly use during DUI stops:

Horizontal Gaze Nystagmus Test (HGN) – The police officer asks the driver to follow an object, such as a pen or flashlight, with their eyes. The officer looks for involuntary jerking movements (nystagmus), which can indicate intoxication. However, medical conditions, fatigue, or even bright lights can affect the results.
Walk-and-Turn Test (WAT) – The driver must walk heel-to-toe in a straight line, turn, and walk back. This test evaluates balance, coordination, and the ability to follow instructions. However, uneven pavement, medical conditions, or nervousness can impact performance.
One-Leg Stand Test (OLS) – The driver is asked to stand on one leg while counting aloud. The officer looks for swaying, hopping, or using arms for balance. Factors like age, weight, injuries, or anxiety can cause a person to fail this test—even if they are sober.

Are Field Sobriety Tests Reliable?

While FSTs are widely used by law enforcement, they are not foolproof . Studies show that even when administered correctly, these tests are only about

65-77% accurate in detecting impairment. Several factors can lead to false failures, including:

Nervousness or anxiety – Being stopped by police can be stressful, causing even sober drivers to make mistakes.
Medical conditions – Issues like vertigo, arthritis, or neurological disorders can affect balance and coordination.
Weather and road conditions – Uneven pavement, rain, or poor lighting can make these tests harder to perform.
Improper administration – If an officer does not follow NHTSA guidelines, the test results may be invalid.

Can You Refuse a Field Sobriety Test?

In Georgia , field sobriety tests are voluntary , meaning you can legally refuse to take them. However, it’s important to understand the potential consequences of refusing these tests. While you have the right to decline, doing so may lead to further scrutiny from law enforcement and could potentially influence the outcome of any subsequent legal proceedings related to your case.

What to Do If You Fail a Field Sobriety Test

If you have been arrested for DUI after performing field sobriety tests, do not panic. You may have legal defenses available, such as:

Challenging the officer’s reason for the stop
Questioning the accuracy and administration of the tests
Presenting medical conditions that affected your performance

A skilled DUI defense attorney can analyze the details of your case and fight to have charges reduced or dismissed.

Contact a DUI Defense Attorney Today

Unlike breathalyzer tests, field sobriety tests are subjective and often unreliable, but failing one can still lead to serious consequences. If you have been charged with DUI, it is critical to speak with an experienced Atlanta criminal defense attorney who understands how to challenge these tests.

Call the Law Office of DeLisa Williams today for a free consultation and protect your rights.

How Much Does a DUI Lawyer Cost?

The cost of hiring an experienced DUI defense lawyer can vary significantly depending on various factors. After a DUI arrest, an attorney may assess the situation to determine whether there are grounds to challenge the results of these tests conducted during the roadside stop.

Field Sobriety Tests in Georgia DUI Cases: What You Need to Know

When a driver is suspected of drunk driving in Georgia, police officers often administer field sobriety tests (FSTs) to assess impairment. These tests are designed to evaluate whether a driver is impaired by assessing their physical coordination and cognitive abilities. However, they are not always reliable indicators of intoxication and can be challenged in court.

At DeLisa Williams , PC , we understand how subjective and flawed these tests can be. If you have been charged with DUI after performing a field sobriety test, you need an experienced Atlanta DUI defense attorney on your side.

Georgia’s Implied Consent Law

While you can refuse a field sobriety test without immediate legal penalties, refusing a breathalyzer or blood test after arrest triggers Georgia’s Implied Consent Law (O.C.G.A. § 40-5-67.1). This law states that by driving in Georgia, you have implicitly agreed to chemical testing if arrested for DUI . Refusing a chemical test can result in:

Automatic license suspension for one year

You must appeal any license suspension within 30 days of your DUI charge.

Contact DeLisa Williams, PC for Aggressive DUI Defense

A DUI conviction in Georgia can have serious consequences , including jail time, fines, license suspension, and increased insurance rates. However, a failed field sobriety test does not automatically mean a conviction . With the right defense strategy, charges may be reduced or dismissed.

At DeLisa Williams , PC , our DUI lawyers have extensive experience challenging field sobriety tests and fighting DUI charges throughout Georgia. If you have been arrested for DUI, don’t wait— call us today for a free consultation and protect your rights.

Contact DeLisa Williams, PC at 555-555-5556 .

What Happens When You Get a DUI in Georgia? 2025

Sat, 04 Jan 2025 22:12:22 GMT

What happens when you get a DUI in Georgia? Driving under the influence (DUI) is a serious offense and can have lasting consequences. Whether it’s your first offense or a repeat violation, understanding the legal and personal implications of a DUI is crucial. By knowing what to expect with a DUI charge, you can make informed decisions and take the proper steps to mitigate its impact on your life.

Getting Stopped for a DUI in Georgia

The process of being charged with a DUI in Georgia typically begins with a traffic stop. Law enforcement officers may pull you over if they suspect you’re driving under the influence of alcohol or drugs. Common reasons for a DUI stop involve:

Erratic driving behavior, such as speeding or swerving
Driving too slowly or failing to obey traffic signals
A visible issue with the vehicle, such as a broken taillight, prompting the stop

During the stop, the officer may observe signs of impairment, including slurred speech or the smell of alcohol. They may ask you to perform a field sobriety test, such as walking a line or standing on one leg. You may also need to take a breathalyzer test to establish your blood alcohol concentration.

Refusing to submit to the officer’s request to test your sobriety could lead to further suspicion. Under Georgia’s implied consent law, by obtaining a driver’s license, you agree to submit to chemical testing if lawfully arrested for DUI. Failing to do so can result in severe penalties, including an automatic license suspension.

Penalties for a DUI in Georgia

The consequences for a DUI conviction in Georgia vary depending on whether it’s your first or subsequent charge. Penalties also depend on factors such as your blood alcohol level, whether minors were in the vehicle, and if an accident occurred .

First-time DUI convictions can include penalties, such as:

A minimum fine of $300 up to $1,000
Possible jail time of up to a year
40 hours of mandatory community service
License suspension lasting up to one year
$210 reinstatement fee for license

Second offenses within the first five years of the initial offense hold penalties, including:

A fine of $600-$1,000
Minimum of 48 hours in jail, up to one year
Suspended license for three years
30 days of community service
$210 license reinstatement fee
Mandatory clinical evaluation and the completion of a substance abuse treatment program, if necessary

The third offense occurring within five years comes with the following consequences:

$1,000-$5,000 fine
Minimum 15 days in jail
License revoked for five years
Minimum of 30 days of community service
Name and info published in local newspaper
Mandatory clinical evaluation and substance abuse treatment program, if necessary

Additional Consequences

DUI convictions can come with other significant consequences, such as increased insurance rates. Your insurance premium could be so inflated it will make it difficult to find coverage.

A DUI conviction could also jeopardize any professional licenses you hold, such as medicine or real estate licenses. You may have trouble finding employment from jobs that require a clean driving record. Besides work life, you could suffer from the social stigma a DUI conviction can bring, damaging your personal relationships and reputation in your community.

Defending Against a DUI Charge

A DUI charge is very serious. However, it does not necessarily mean conviction. For example, you can challenge the traffic stop if the officer lacked reasonable suspicion to stop your vehicle. You can also question the breathalyzer results or any other results from tests administered due to improper calibration, user error, or medical conditions.

If your Miranda rights were not read or if the implied consent warning was not properly given, this could go in your favor. Our Atlanta DUI attorney can analyze your case and identify any weaknesses in the prosecution’s evidence.

FAQs

Q: What Is the Penalty for the First DUI in Georgia?

A: In Georgia, the penalty for the first DUI involves a license suspension of up to one year, with a $210 license reinstatement fee. You could also face jail time of up to one year and pay fines between $300 and $1,000. First-time DUI offenders can also expect to serve a minimum mandatory 40 hours of community service.

Q: Do You Lose Your License Immediately After a DUI in Georgia?

A: Immediately following a DUI arrest, your license will be suspended. However, if you need to continue driving legally, you can opt to install an ignition interlock device. For a first-time DUI offense, you may qualify for a driver’s permit after the suspension period, allowing you to drive under specific conditions. With restricted driving privileges, you still have the option to stay on the road within legal limits.

Q: What to Do if You Get a DUI in Georgia?

A: If you get a DUI in Georgia, it’s important to act quickly. Hire a knowledgeable DUI attorney who can walk you through the charges and help you gather evidence to support your case. Your attorney can also help you make an appeal for your driver’s license . Prepare to enroll in a DUI program as part of your sentence and attend all court dates so as not to create additional charges against you.

Q: Can a DUI Be Dropped in Georgia?

A: While it’s not common, a DUI charge can be dropped in Georgia . For this to occur, evidence must be provided that your rights were violated, or you must prove that the arresting officer’s evidence was not sufficient. You would need to demonstrate that the field sobriety tests were inaccurate or improperly conducted or that law enforcement did not have reasonable cause to pull you over.

Contact a DUI Attorney Today

Understanding what happens when you get a DUI in Georgia can help you build a stronger case in your defense, and having a skilled DUI attorney in your corner can make all the difference. The Law Office of Delisa Williams PC can evaluate your case and identify any procedural errors violating your rights. We can offer legal guidance and negotiate with the prosecutor to reduce your charges or penalties. Contact us today to schedule your consultation.

Falsely Accused of a Crime in Georgia: What to Do? 2025

Tue, 02 Jul 2024 22:03:21 GMT

Being falsely accused of a crime in Georgia can be one of the most terrifying and stressful experiences imaginable. The shock, confusion, and fear of being wrongfully prosecuted can overwhelm anyone in this position. The Law Office of Delisa Williams PC , shares advice on how to navigate this time, such as keeping a calm disposition, seeking legal counsel , and gathering evidence that supports your innocence.

Steps to Take After a False Accusation

Finding yourself falsely accused of a crime can be a nightmarish ordeal filled with anxiety and uncertainty. The immediate steps that you take in response can significantly impact the outcome of your case and your peace of mind.

Understanding how to navigate this stressful situation is crucial. Below are the essential steps to take after being falsely accused; from seeing legal counsel to gathering evidence, it’s essential to ensure you are prepared to defend your innocence.

Stay calm and remain silent. It is important to remain calm and composed. Panic can lead to mistakes or actions that can worsen the situation. It is helpful to exercise your right to remain silent and request an attorney. Anything you say can be used against you, so it is essential to have legal representation before making any statements.
Seek legal help. As soon as possible, meet with a qualified Atlanta criminal defense attorney who has experience handling false accusation cases. They will provide legal advice, represent you in court, and help protect your rights.
Gather evidence. If you are able, collect any evidence that supports your innocence. This can include documents, emails, text messages, photographs, security footage, or witness statements.
Document everything. By keeping a detailed record of all interactions related to the accusation, including communications with law enforcement, witnesses, and your attorney, you can help in the building of your defense.
Follow legal advice and court orders. It is important to follow the legal advice given by your attorney and to comply with any court orders. This shows that you are taking the situation seriously and respecting the legal process.

How a Lawyer Can Help

A lawyer can be instrumental in helping you navigate the complexities of being falsely accused of a crime, including assault and battery , drug crimes , DUI , domestic violence , homicide , and more. Below is a list of specific ways they can support you:

Legal advice . A lawyer can provide reliable advice on your rights and the legal process as a whole so that you are well-prepared for what is next. They can help you to understand the charges against you and the potential consequences of these charges.
Evidence review and investigation. Your lawyer will review all evidence presented by the prosecution, looking for inconsistencies, procedural errors, or violations of your rights. They can challenge the admissibility of certain evidence if it was improperly obtained. Your lawyer will conduct an investigation that gathers evidence, interviews witnesses, and consults experts to build a strong defense on your behalf.
Building a defense strategy. Your lawyer will develop a comprehensive defense strategy that is tailored to your case. This can include presenting an alibi, disproving the prosecution’s evidence, or showing that the accusations are unfounded.
Representation. Your lawyer will represent you in court, during police interviews, and in any legal proceedings. They will advocate on your behalf, ensuring your side of the story is accurately presented and heard.

By having the support of a knowledgeable and experienced lawyer , you can significantly improve your chances of a favorable outcome when facing false accusations.

FAQs

Q: Can You Go to Jail for False Accusations?

A: You can potentially go to jail for false accusations in the state, but receiving a false accusation does not automatically mean you will get convicted or sentenced to jail. The legal process aims to seek justice and uncover the truth of a crime or incident and can provide legitimate protections for those falsely accused.

If you are falsely accused, it is essential to receive the support of a defense attorney to explain the details of your case and advocate on your behalf in court with the judge and jury.

Q: How Do You Defend Yourself When Wrongly Accused?

A: How you can defend yourself when you are wrongly accused includes several steps that can protect your rights and help build a strong defense. A first helpful step is to seek legal support from a criminal defense attorney who will partner with you in commencing a detailed investigation into the crime, gather evidence, and support your claim.

It is important to collect any evidence that supports your innocence, like emails, text messages, photos, videos, receipts, and other documents that can validate your whereabouts or actions at the time of the alleged crime.

Q: How Do You Deal With Being Falsely Accused of a Crime?

A: How you can deal with being falsely accused of a crime is first by staying calm and collected. It can be an extremely stressful and challenging experience to face a false accusation, but it is important that you do not panic and instead reach out for help as soon as possible. It is important to avoid discussing the details of your case with anyone other than your legal representative. Anything that you say can be used against you in court.

Q: Do I Legally Need a Lawyer if I Have Been Falsely Accused of a Crime?

A: You do not legally need a lawyer if you have been falsely accused of a crime. You can represent yourself , but it is highly recommended to receive a consultation from a lawyer. Navigating a false accusation is a daunting situation for anyone, and an experienced lawyer can ensure that your rights are protected and that all necessary efforts are employed to fight for the release of the charge against you.

Speak With a Qualified Criminal Defense Lawyer Today

Being falsely accused of a crime is a terrifying experience that no one should have to endure. However, if you find yourself in this situation, the right approach and professional guidance give you the tools to navigate this challenging time well. At The Law Office of Delisa Williams PC , we are committed to ensuring that justice prevails and that the truth comes to light. Reach out today to set up a consultation and learn how we can partner with you at this time.

See Related Posts:

How to Get Your Criminal Record Expunged in Georgia [2025 Updated]

Sun, 02 Jun 2024 21:55:14 GMT

If you commit a crime in Georgia , you may be at risk of having a criminal record, which can negatively impact your ability to obtain housing, a job, or a license. Therefore, it may be worth getting your record expunged so that you can live freely and focus on your future. But, it can be a complicated process that may leave people wondering, how to get a criminal record expunged in Georgia . 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?

If you are accused of committing a crime or caught committing illegal activity in Georgia, you may be arrested. If your arrest is deemed valid, and you are charged with a crime , a record of your arrest and charges will be logged on your permanent criminal record.

Record expungement means that your criminal record is sealed or hidden from public view, but it is still visible to judicial officials. If your record gets expunged, you can apply for employment, housing, and any licenses you may seek without your criminal history showing on background checks.

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 in Georgia , 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 Likely Is It to Get a Criminal Record Expunged in Georgia?

There are some criminal records that are not eligible for expungement, such as those with violent crimes like murder, rape, or armed robbery ; traffic crimes like DUIs and vehicular homicide; or sex crimes like child molestation. However, if your case was dismissed without a conviction or if you committed certain misdemeanors, you may be eligible for expungement. Examples of misdemeanors that may be expunged include:

Certain drug charges
DUIs that have been dismissed
Juvenile crimes
Public indecency
Felonies that have been pardoned

At The Law Office of Delisa Williams PC , we can inform you if your record is likely to be expunged or not. We have an intricate understanding of the legal system, and we have the patience and competence to inform you of your legal options.

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.

What Is the Criminal Record Expungement Process in Georgia?

Before you begin the process, it is important to note the date that your arrest took place, as it impacts the agency you will consult to approve your request. For instance, if the arrest happened before July 1, 2013, the arresting agency can help you with your request. However, if it was on or after July 1, 2013, then you must work with the prosecuting attorney directly.

An outline of the complete process is as follows:

Initial contact – Speak with the arresting agency or prosecutor’s office to get an understanding of the process.
Gather your paperwork – You will need a request to restrict form if your arrest was before July 1, 2013, or a different form from the prosecuting attorney’s office if it was on or after that date. You will also need to pay the $50 filing fee, as well as any additional paperwork surrounding your criminal history, court depositions, or other legal paperwork requested.
Apply for your record to be restricted – This is determined by your arrest date. Before July 1, 2013, the process is filling out the request form, having the arresting agency complete their section of the form, and having the prosecuting attorney fill out their section. The prosecuting attorney will have 90 days to give approval or denial of the request.

The process is slightly different if the arrest was after July 1, 2013. Instead of contacting the arresting agency, the entire process is completed through the prosecuting attorney.

When Should I Hire a Lawyer?

You can hire an Atlanta expungement lawyer at any stage of the process, but consulting with a lawyer before submitting a records restriction request may be to your advantage. Your lawyer can educate you on your rights, protect your rights, and defend your rights. Since they are familiar with the laws surrounding your case as well as the judicial system, hiring a lawyer may be your greatest chance of success rather than doing it alone.

FAQs

Contact The Law Office of Delisa Williams PC Today

At The Law Office of Delisa Williams PC , we have years of experience in litigating criminal defense cases. We understand that everyone deserves a second chance, and getting your record expunged can be that first step. Contact us today so we can walk you through the legal process and represent you in court if necessary. Our Atlanta criminal defense lawyer looks forward to helping you with your case.

With our legal team engaged, we can thoroughly review your situation and provide you the necessary legal advice you need to successfully navigate your situation.

See Related Posts:

Georgia Crime Rate By City [2025 Latest Statistics]

Fri, 24 May 2024 21:34:47 GMT

Georgia’s rich history and vibrant cities can draw tourists and new residents. If you are considering a move or a visit, researching the Georgia crime rate by city may be a helpful first step, as safety is a natural concern for many people. While understanding Georgia’s crime rate can be an important starting point in learning about the state, it is also helpful to remember that statistics do not always accurately represent a place.

Georgia’s Crime Statistics

Statewide crime in Georgia varies depending on which source or methodology people use. Some sources have Georgia as the 25th state in crime rate rankings. While tallied statistics can offer a general look at crime, significant differences exist between urban and rural areas, making statistics challenging to understand without context.

Focusing solely on city-based crime rates can give a misleading picture. Neighborhood-level crime data can provide a more accurate assessment and help you remain safe in a new city. Georgia’s crime rate average is 3,322.76 per 100,000 population, and cities above and below this may look entirely different from each other if you visit. Cities that are viewed as dangerous, such as Atlanta , can sometimes seem safer, depending on where you decide to reside.

It is crucial to research specific safety information for areas you are interested in living in or traveling to. Despite this, examining Georgia’s crime data by city can be helpful in some cases, so here is a closer look at the top cities by crime rate in Georgia.

Morrow, Clayton County

Located south of Atlanta, Morrow has a crime rate higher than the state average at 8,525 per 100,000 population. This city offers visitors and residents a mix of residential and commercial areas. Some neighborhoods have issues with property and violent crime .

Austell and Powder Springs, Cobb County

Cobb County is a Georgia county located northwest of Atlanta. This area has multiple cities on the top crime rate list, including Austell and Powder Springs. Although their rate is significantly lower than Morrow’s, it is still 5,960 per 100,000 population.

Cedartown, Polk County

Cedartown in Polk County has a rich history. This city, located northwest of Atlanta, has faced challenges with crime rates that exceed the state average. Analyzing any contributing factors and ongoing efforts to combat crime can put the rate of 5,685 per 100,000 population into context.

Hapeville, Fulton County

Hapeville is a city south of Atlanta. This growing area contains industrial and residential areas for visitors and residents to explore. Despite the recent development, Hapeville still has crime rates above the state average in places, with a rate of 5,502 per 100,000 population.

Assisting With Safety

Visiting and living in a place can be entirely different experiences. Many popular tourist destinations seem safe to a high percentage of visitors despite their negative perception of crime in some areas. If you worry about crime in your area, especially if you are choosing to live in Georgia, you can take proactive measures to help you and others feel safer. Here are some steps to promote a safer area in Georgia.

Develop Relationships With Neighbors

Living in an area alone can feel daunting. Going anywhere can feel unfamiliar and frightening. If you do not know anyone in your neighborhood, feeling safe in or outside your home can be difficult. Whether or not you live somewhere with a perception of high crime, this fear can exist.

You can combat this fear and feeling alone by building a sense of community with the people around you. This method can help you feel safer, as many people believe a strong sense of community can deter crime. While building community initially may seem complicated, introducing yourself to neighbors and exchanging information can help develop a relationship where you look out for each other.

Learning About Your Neighborhood

When possible, daytime strolls can be an ideal way to familiarize yourself with your surroundings. This strategy can help you identify safer areas around where you live, reducing the risk of personal injury caused by hazardous conditions or unfamiliar locations. By finding well-lit streets, recognizable landmarks, and frequently patrolled areas, you can better protect yourself from potential crime. This tip is also useful for avoiding personal injury and staying safe when visiting a new city.

Improving Your Home Security

Many areas with high crime in Georgia can be high in property crime. Installing a layered security system can help you feel safer while deterring crime. Some specific measures you can implement for a robust system include:

Modern, solid window and door locks
Working lights or motion-sensing lights
A visible outdoor security system

These methods can help stop crime before it occurs and keep valuables away from doors and windows.

FAQs

Q: Which City Has the Highest Crime Rate in Georgia?

A: Morrow has the highest crime rate in Georgia. It is located south of Atlanta and is home to Clayton State University. The crime rate is 8,525 per 100,000 population. The area is described as a vibrant mix of rural and urban, and the city is home to the Georgia Archives. Note that even in a city with the highest crime rate, certain crimes, such as the sex crime of rape, were less prevalent than the national average.

Q: What Is the Safest City in GA?

A: Some sources say Cusseta wins when determining the safest city in Georgia by crime rate. With a crime rate of 49.13 per 100,000 population, this area has the least reported crime. While the low crime rate can look impressive at first glance, it is essential to know that Cusseta has never had 100,000 residents and has 8,157 people as of 2024.

Q: Where Does Georgia Rank in Crime?

A: Georgia ranks 25th in crime by some metrics compared to other states. As with most statistics, this crime rate can be interpreted in many ways since there is no context, and it does not break down types of crimes or where they were committed. When wondering what a state is like, it can help to look at other aspects besides crime rates. While you are likely to feel unsafe in many areas that seem foreign, getting acquainted with a place can help you feel safer.

Q: Is Crime a Problem in Georgia?

A: Whether crime is a problem in Georgia is debatable. Georgia is in the middle when it comes to state crime rankings. Some would think this means the state has no crime problem, but crime does still occur at higher rates than average in some locations. It also occurs at lower-than-average rates in others. People who live in high-crime areas may believe that the state has a problem with crime based on their perception of where they live.

Examining Georgia Crime Data by City

Urban areas can have higher crime rates than rural areas, but the perception of each type of place can be deceiving. Crime rates within cities can be skewed by specific neighborhoods, incorrectly painting an entire city as dangerous. Our Atlanta criminal defense lawyer understand that while cities can be unfairly painted in a certain light, so can people accused of crimes. If you find yourself facing criminal charges, contact The Law Office of Delisa Williams PC today.

Atlanta, GA Crime Rate and Statistics [2025 Latest Statistics]

Sun, 03 Mar 2024 21:28:01 GMT

Atlanta is a vibrant city known for its rich history, cultural diversity, and economic mobility. However, like many other major cities in America, the complex challenge of crime exists here. Many different multifaceted factors shape the city’s crime landscape and impact the Atlanta crime rate. If you’ve been charged with a crime in the city, contact an Atlanta criminal defense attorney .

Atlanta Crime Statistics in 2025

In Atlanta, crime rates have been a significant concern for a long time. The city had a violent crime rate of 55.6 per 10,000 population in 2023. This was a noticeable decrease from years prior, so it is safe to say that safety in most Atlanta neighborhoods is currently improving. However, the property crime rate was 392.1 per 10,000 population that same year, which was a small increase from 2021 and 2022.

The Atlanta Police Department also monitors annual crime statistics, including murder, rape, aggravated assault , etc., and has discovered that the total number of crimes reported between 2017 and 2020 has also decreased. To this day, violent crime rates in Atlanta have not surpassed their 2017 levels and have since dropped to historic lows.

As far as the state as a whole, Georgia reported a total crime rate of 202,502 crimes . (2,010 crimes per 100,000 residents) in 2022. Nonetheless, Georgia’s violent crime rate was still relatively low at 364.3 per 100,000 people, which was just below the national average (369.8 violent crimes per 100,000 people) that same year.

Aggravated assault, burglary, and motor vehicle theft are the most common violent crimes in Georgia. Violent crimes like robbery, rape, murder, and arson occur at lower rates in the state as a whole.

Common Crimes in Atlanta

The most common violent crime in Georgia is aggravated assault. Aggravated assault is an intentional physical attack or threat of harm against another person. In Georgia, aggravated assault occurred at a rate of 277.5 per 100,000 residents. Larceny is the most common property crime in Atlanta, occurring at a rate of 1,225.1 per 100,000 residents. Other common crimes in Atlanta include burglary, motor vehicle theft, and robbery.

Factors Influencing Crime Rates

Several factors influence crime rates in Atlanta in both positive and negative ways. Poverty, unemployment, substance abuse, and a lack of access to mental health services and other public resources have a great impact on the rate of crime in the city.

It is not uncommon for marginalized communities to experience violence. Crime is a result of socioeconomic inequalities that lead to scarce resources in communities, all of which tend to be systemic. Together with the help of the community, Atlanta officials are working to address these underlying factors to improve the well-being of the city.

As Atlanta’s crime rates decline, it is clear that positive, intentional work is being done. A few of the positive factors contributing to lower crime rates include creative law enforcement strategies and the engagement of the community in crime-reducing efforts.

Non-profit organizations like The Atlanta Police Foundation, The American Suppressor Association, and the Clayton County System of Care work to improve safety in Atlanta for residents and visitors alike through education, legislative advocacy, juvenile justice, and child welfare reform. Socio-economic development initiatives, proactive policing efforts, and targeted intervention strategies help slow criminal activity and crime rates in the city.

FAQs

Q: Is the Crime Rate Going Up in Atlanta?

A: The violent crime rate is not currently going up in Atlanta, and it has been decreasing since 2021. In fact, it reached historic lows in 2023. Since 2009, there’s been a large decrease in violent crime. While the 2009 rate was 125.3 per 10,000 residents, the 2023 rate was only 55.6. The property crime rate slightly increased between 2022 and 2023, but the overall rate of change is still decreasing. While the rate was 796.5 per 10,000 population in 2009, it was 392.1 in 2023.

Q: Where Does Georgia Rank in Crime Rate?

A: In terms of violent crime, which includes murder and non-negligent manslaughter, rape, robbery, aggravated assault, and gang violence, Georgia ranks somewhere in the middle of the 50 United States.

Bibb County holds the highest crime rate in the state, with a rate of 52.65 crimes per 1,000 residents. Bibb County is not a part of Metro Atlanta, as it is located south of the city.

Q: What Is the Most Common Violent Crime in Georgia?

A: The most common violent crime in Georgia is aggravated assault. Aggravated assault is an intentional physical attack or threat of harm against another person. In Georgia, aggravated assault occurs at a rate of 277.5 per 100,000 residents.

It is important to note that larceny, a property crime, is much more common in Georgia than aggravated assault at a rate of 1,225.1 per 100,000 residents.

Q: Has Crime Increased or Declined in Georgia?

A: Since 2017, Georgia has trended downward in crime , which reflects combined efforts from both law enforcement and the community. Despite a slight rise in crime in 2021 and 2022, crime rates have never reached their 2017 rates in the city and reached historic lows in 2023. Initiatives targeting specific crime hotspots, proactive policing strategies, and well-thought-out community partnerships have contributed to the progress made toward public safety statewide.

Contact an Atlanta Criminal Defense Attorney

While crime in Atlanta remains a complex challenge, recent data indicates positive and encouraging trends. Although Georgia has a history of high crime rates, Atlanta has improved significantly over the past few years.

At The Law Office of Delisa Williams PC , we have extensive experience in criminal defense. We act as fierce advocates for our clients and advise them with compassion in mind. If you or a loved one has been accused of a crime in Atlanta or the Atlanta Metropolitan area, an experienced criminal defense attorney from our firm can help you. You deserve safety and peace of mind throughout the legal process, so contact our offices today for a consultation.

How Much Does a Criminal Defense Lawyer Cost in Georgia? 2025

Fri, 16 Feb 2024 21:22:39 GMT

If you are facing criminal charges , then you are likely researching your options. As you decide, you need to determine who would be experienced with cases like yours. Before hiring a lawyer, you should also factor in the costs involved.

How Much Does a Criminal Lawyer Cost in Georgia?

It’s not possible to give a total cost for all criminal cases, as each case varies. Each lawyer is also unique. To calculate a cost, it is helpful to determine your personal specifications for a criminal defense lawyer.

What Does a Criminal Defense Lawyer Do?

An Atlanta criminal defense lawyer is there to walk you through the legal process after you have been charged with a crime. They can help you determine your options for trial or if there is potential for a plea deal. A lawyer will also give you updates regarding the investigation of your case while giving you realistic expectations of the final outcome.

If a plea deal may result in the optimal outcome, they can negotiate with the prosecution for a favorable deal. In the case that you plead not guilty, they can investigate the case and gather evidence to produce reasonable doubt as to your guilt.

What to Look for in a Criminal Defense Lawyer

When looking for legal representation for your case, it’s important to keep several things in mind, such as:

Their experience level: Especially if your case is complicated and you are facing serious charges, having a more experienced lawyer is essential.
Level of detail: An attorney’s job involves thoroughly investigating and researching a case. Often, the smaller details may show gaps in the prosecution’s case that can cause the jury to second guess the believability of the prosecution’s side.
Trustworthy: Being charged with criminal misdemeanors usually involves life-altering consequences, including a criminal record . Facing these consequences is emotionally draining, and having a trustworthy lawyer on your side makes all the difference.

Average Criminal Defense Lawyer Costs

The typical criminal defense lawyer in Georgia charges an hourly fee of around $150-$500. There is no way to give a final cost of your legal fees before your case has been finished, but it is possible to have an estimated range. Depending on the complexity of your case, you may spend anywhere from $2,000 to $100,000. There are many factors that affect the cost of lawyer fees.

Factors That Impact Costs

There are a myriad of things that factor into the total cost of a criminal defense lawyer. Here are just a few things to consider:

Experience level of the lawyer: When a lawyer has years of experience, they typically charge more for their services.
Good reputation: If the lawyer is well known with a great reputation, they are likely to be more expensive.
Location: The region where the lawyer is based tends to affect the cost of services. If, for example, you are seeking a lawyer in a major city, that lawyer will usually charge more than a lawyer who is located in a rural area.
The kind of crime committed: If you have committed a serious crime, your lawyer fees will be higher as the case is more complex.
The complexity of the case: If your case is difficult and complicated, your lawyer must spend more time investigating and developing a defensive strategy.
The timing of the case: In most instances, the total cost will be lower if you hire a criminal defense lawyer early. Additionally, the longer the case is prolonged, the more money you will spend.

Different Types of Fees

Each lawyer may have a different way of billing you. Here are a few of the ways you may be charged:

Hourly charge: You are billed for the total hours spent working on your case. This is the way that many lawyers charge for their services.
Flat fee: Certain lawyers will charge a flat fee for the entire case, which means that you will know the total cost upfront.
Retainer: A retainer is a sum of money that is paid to a lawyer upfront, from which they work from until funds run out. When this happens, you and your lawyer will re-determine payment options.

FAQs

Q: How Much Does a Criminal Defense Attorney Cost in Total in Georgia?

A: It’s difficult to give an exact amount for criminal defense attorney costs in Georgia, as each lawyer charges differently, and each case is unique. However, on average, an attorney in Georgia will charge between $150–$500 an hour. Therefore, depending on the severity of the charges, you may pay a total of anywhere from $2,000 to $100,000 in lawyer fees.

Q: How Much Do Lawyers Charge per Hour in Georgia?

A: Hourly rates can vary depending on the lawyer’s skill set, experience level, and location. Typically, an attorney who is based in a major city will charge more than one based in a rural area. The complexity of your case also factors into lawyer fees. The average hourly rate in Georgia is around $150-$500.

Q: Should I Get a Lawyer for My First DUI in Georgia?

A: While DUIs are common and are often misdemeanors, those charged with a DUI can still benefit from a qualified criminal defense lawyer, even if it is their first offense. The penalties can be impactful, and an attorney could help minimize them. Further, there could be aggravating factors present, which could increase the charges and make a skilled lawyer even more essential.

Q: How Do I Dispute Attorney Fees in Georgia?

A: If you wish to dispute attorney fees in Georgia, you will need to complete a petition form. You can complete this form through the State Bar of Georgia’s Fee Arbitration Program. This program is designed to resolve financial disputes between attorneys and their clients. It can also provide resolution for fee disputes between law firms and lawyers.

Consult With a Georgia Criminal Defense Lawyer

Each criminal defense case and each defendant are as unique as the criminal defense lawyers representing these cases. When hiring a criminal defense attorney, it is important to hire one with experience. When it comes to your case, contact The Law Office of Delisa Williams PC , a dedicated attorney who works tirelessly to defend clients charged with criminal infractions.

See Related Posts:

How Much Does an Expungement Cost in Georgia? 2025

Tue, 19 Dec 2023 21:15:57 GMT

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?”

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.

When to Contact an Attorney

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.

Benefits of 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.

Do You Need an Attorney to Get an Expungement in Georgia?

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.

FAQs

Q: What Crimes Cannot Be Expunged in Georgia?

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.

Q: Does Your Criminal Record Clear After 7 Years in Georgia?

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.

Q: How Do I File for Expungement in Georgia?

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.

Q: Can a DUI Be Expunged in Georgia?

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.

How Much Does a DUI Lawyer Cost in Georgia? [2025 Updated]

Fri, 10 Nov 2023 21:04:53 GMT

A DUI charge in Georgia can lead to incarceration, fines, mandatory classes, counseling sessions, the suspension of your driver’s license, and more. State law takes DUI very seriously, and a conviction on your record can impact your future employment and education opportunities. Additionally, you might face issues with eligibility for loans, financial aid, and government assistance. If you are convicted of a DUI, the mark will stay on your record for the rest of your life.

The consequences associated with a DUI are dependent on your individual circumstances. Given the uniqueness of each case, we encourage you to reach out to an Atlanta, GA, DUI lawyer at The Law Office of Delisa Williams PC . We can provide you with a strong defense for your case.

Georgia’s Impaired Driving Laws and Penalties

If you are convicted of a DUI in Georgia, the penalties you may face depend on the severity of your charge. Penalties are typically decided upon based on the number of convictions within the past ten years. The consequences for someone convicted of a DUI include:

1st Offen se Consequences:
Jail time of up to one year
A fine between $300-$1,000
License suspension for up to one year
A mandatory minimum of 40 hours of community service, although it can sometimes be 20 hours if the BAC (blood alcohol concentration) is below 0.08%
$210 reinstatement fee for your license
Up to one year of probation
2nd Offense Consequences:
A required minimum of 40 hours in jail, up to a full-year sentence
A fine between $600-$1,000
Suspended license for three years
$210 license reinstatement fee
A mandatory minimum of 30 days of community service
Mandatory clinical evaluation to determine the presence of a substance abuse issue (if identified, the individual may be legally obligated to undergo treatment)
Probation
3rd Offense Consequences:
A fine between $1,000-$5,000
A minimum of 15 days in jail
Suspended license for five years
A minimum of 30 days of community service
Required clinical evaluation to detect the presence of a substance abuse issue (if identified, the individual may be legally compelled to undergo treatment)
Driver’s license plate is seized and becomes invalid
Publication of the person’s photograph, name, and conviction in the newspaper
4th Offense or Offense Involving Death or Injury Consequences:
Felony DUI charge
Up to five years in prison, with additional years added if there is an injury or death
Minimum fine of $1,000, plus any damages
Suspended license for three years with no eligibility for early reinstatement
Compulsory clinical exam to determine the presence of a substance abuse issue (if identified, the individual may be legally obligated to undergo treatment)
Publication of the person’s name, photograph, and conviction in the newspaper
Probation

If you are charged with a prescription or nonprescription drug DUI or a DUI under the influence of marijuana, the charges are typically the same as alcohol-related cases. The main difference is that if you are convicted of these types of DUIs, you will not qualify for a restricted license or limited permit.

If you are a CDL driver charged with a DUI , the charges are typically the same as alcohol-related cases as well. However, after a first offense, a CDL driver will lose their commercial license for at least one year, and after a second offense, they will lose their commercial license for life.

Georgia 30-Day Warning

Georgia authorities combine the DUI criminal charge with an administrative license suspension (ALS). It is important to be timely, as you only have a 30-day window before you can have your license suspended for one year. Two options are available:

Appeal the ALS within 30 days.
Obtain an Ignition Interlock Limited Permit (IILP).

Appeal the ALS Within 30 Days

Submitting a written appeal to the Department of Driver Services (DDS) can temporarily stop the suspension. Once received, the DDS will reinstate your driving privileges temporarily while the case waits for an administrative hearing.

Ignition Interlock Limited Permit (IILP)

If this is your first DUI offense in five years, you can get an Ignition Interlock Limited Permit (IILP). For this, you must work with a state-approved provider to install and maintain this device in your vehicle. An IILP device works by requiring you to blow into it before you are able to start your car, which will only start if there isn’t any alcohol detected on your breath. Whether or not it detects alcohol, the IILP reports the reading to the servicing provider. Deciding on an IILP enables you to continue driving for reasons such as work, school, probation, court appearances, medical needs, and more.

If you do not take either of these actions, it will result in the automatic suspension of your driver’s license for a minimum of one year based on your previous history. Don’t risk losing your license. Contact a skilled Atlanta, GA, DUI lawyer today.

FAQs

Q: What Is the 3-Hour Rule for DUI in Georgia?

A: The 3-Hour rule allows for a DUI conviction even after an individual has stopped driving, as long as they have a BAC of 0.08% within three hours of operating their vehicle.

Q: Is Jail Time Mandatory for Your First DUI in Georgia?

A: According to Georgia law, if your BAC is 0.08% or higher during your first DUI offense, the penalties include a minimum of 24 hours in jail.

Q: Can You Get a DUI Dismissed in GA?

A: By securing the services of a skilled DUI lawyer, you stand a good chance of having your case dismissed, especially if the charge is not overly severe. In fact, the majority of DUI cases in Georgia conclude with the defendant being acquitted.

Q: What Is the Penalty for a DUI in Georgia?

A: The penalties are dependent on the severity of the DUI an individual is being charged with and the number of offenses committed within the past ten years. Possible penalties include fines, jail time, driver’s license suspension, and more.

Contact an Experienced Georgia DUI Attorney Today

Hiring an experienced Georgia DUI attorney is one of the wisest choices you can make after a DUI arrest. DUI law is complicated and ever-changing. Contact The Law Office of Delisa Williams PC today to schedule a consultation.

Criminal Record Restrictions in Georgia [2025] – All You Need To Know

Sat, 12 Aug 2023 20:59:16 GMT

A criminal record can harm many opportunities in your life. For some people, there are options to stop a criminal record from continuing to alter their future. Record restriction, or expungement , allows those with criminal records to have them restricted and sealed if they meet certain criteria. Some record restrictions are automatic, while others require a petition.

What Is Records Restriction vs. an Expungement?

Records restriction used to be called expungement under Georgia law, and now these terms are often used interchangeably. Expungement is no longer used in Georgia statutes. The state changed the term because expungement implies the erasure of a criminal record, which isn’t what happens when your records are sealed and restricted. The state still has the record in its database, and the criminal record is available to police officers and other officials in the criminal justice system. Expungement is often used colloquially to refer to restricting and sealing records away from public view, although the records are not removed entirely.

By sealing and restricting a criminal record, you no longer have to disclose that charge or conviction on job applications, housing applications, professional license applications, and other opportunities. It’s important to understand the expungement applied to your unique charge and situation, however, as there are times when even a restricted record can affect your life outside of the criminal justice system. An expungement attorney can help you understand if the charges against you qualify for record restriction and what this can change in your life.

Automatic Record Restrictions

In some cases, a criminal record can be restricted automatically, but only for charges where you never faced prosecution. When you were not prosecuted and a certain amount of time has passed since you were charged, the record may be automatically restricted. The periods of time that must have passed are:

two years for misdemeanors and aggravated misdemeanors
four years for non-serious and nonviolent felonies
seven years for serious violent felonies and sexual felonies

An automatic restriction seals a record for employment and licensing purposes, with some exceptions. Even if your record should have been automatically restricted, it’s important to check that it was rather than assuming it’s been sealed. Because automatic restrictions apply to cases that haven’t been prosecuted, the sealing may be temporary. A prosecutor can choose to prosecute your case if there is a reason to.

This automatic restriction has its limits. These restrictions are not considered sealed under federal law, which means that both federal agencies and out-of-state employment and licensure requests are provided the criminal record under automatic restriction. To seal the record under federal law, you will need to apply for a restriction.

What Makes a Criminal Record Eligible for Restriction?

Each individual charge or conviction will be reviewed based on its own circumstances when the court determines whether to grant an expungement. There may be unique factors about your record or charges that apply different rules or exceptions. Generally, Georgia law states that some records can be restricted, including:

Non-Convictions
If you were found not guilty, the case was dismissed for a cycle, ruled nolle prosequi or unwilling to pursue, or closed for any reason, the record may be eligible for restriction. The individual must also not have any current pending charges or have been convicted of any crimes since the case closed. There are some situations where expungement still isn’t possible, such as if the evidence against you was suppressed or if you pleaded guilty to another charge in the case. An attorney can help you determine whether your case qualifies for a non-conviction restriction.
Minor or Youthful Offenders
Some misdemeanors that you committed prior to turning 21 could be restricted. There are some crimes that cannot be restricted, such as driving under the influence (DUI), vehicular homicide, sexual battery, and other violent or sexual offenses . You must have completed your imprisonment sentence and/or probation and cannot have been charged with any criminal offense in the five years prior to the restriction request, except minor traffic charges.
Dismissed Felony Charge and Unrelated Misdemeanor Conviction
It’s possible to restrict a felony charge if you were convicted of a misdemeanor that was unrelated and the felony was dismissed. The court will review your unique situation to determine if you qualify.

FAQs:

Q: What Is the New Record Restriction Law in Georgia?

A: The new record restriction law in Georgia expands the number of people who are able to get their criminal records restricted and sealed. This provides more people with new opportunities in life. Record restriction is Georgia’s term for record expungement and prevents the public from accessing a person’s criminal record. However, there are limits to the criminal arrests and convictions that can be restricted.

Q: Can a First-Offense Felony Be Expunged in GA?

A: Yes, a first-offense felony could be expunged under the First Offender Act in Georgia as long as other criteria are met. Certain first-time offenders can plead guilty or plead no contest and avoid conviction for certain crimes. This act can also be applied to past convictions , allowing those who would have been eligible under the First Offender Act but were unaware of that eligibility to restrict the conviction. The First Offender Act does not apply to all convictions, and applying it retroactively requires official approval and a hearing before it is allowed.

Q: What Is a Restricted Record?

A: A record restriction, also called an expungement, occurs when an individual’s criminal record is restricted and sealed. This prevents their criminal record from being public information, meaning that it will not show up in background checks in most cases for getting a new job, educational opportunities, and housing. The criminal record is still available to those in the criminal justice system, but an individual is no longer required to disclose it for employment or housing purposes.

Q: What Crimes Cannot Be Expunged in Georgia?

A: Georgia law allows several misdemeanor and felony offenses to be expunged or sealed from public view. However, there are some convictions that can never be expunged. This includes misdemeanors such as:

DU Is
Vehicular homicide
Aggressive or reckless driving
Family violence battery
Family violence assault
Sexual battery
Child molestation
It also includes felonies such as:
Armed robbery
Murder and felony murder
Rape
Aggravated sexual battery
It isn’t possible to expunge these and other serious violent or sex-related convictions.

Your Criminal Record Restriction Attorney

Navigating a record expungement can be overwhelming, but a successful restriction can change your life for the better. Contact The Law Office of Delisa Williams PC , and let our attorney review your circumstances and help you petition for expungement.

Georgia DUI Laws and Penalties 2025 – All You Need To Know

Wed, 15 Mar 2023 20:50:36 GMT

Being arrested for a DUI can be daunting for anyone. Driving under the influence is a criminal offense in the state of Georgia. If you are convicted, it can result in severe legal consequences. This makes it critical to be aware of state laws and the penalties that can occur. It is also vital to have an experienced criminal defense attorney on your side. They can represent you throughout your case.

What Is Considered a DUI in Georgia?

A “driving under the influence” charge is most commonly known as a DUI. It occurs when an individual is driving or in physical control of a vehicle while under the influence of alcohol or drugs. A law enforcement officer has the right to pull any driver over and subject them to legal tests if they suspect them to be under the influence. You may be charged with a DUI in the state of Georgia if:

You are found to be driving or in physical control of a vehicle with a blood alcohol content (BAC) of 0.08% or higher.
You are found operating a commercial vehicle with a BAC of 0.04% or higher.
You are under 21 years of age and have a 0.02% BAC or higher.
You are found to have any kind of illegal drug in your urine and blood tests.
You had a BAC of less than 0.08% but were driving recklessly, dangerously, or putting yourself or other people in danger.

What Are the Potential Consequences of a DUI in Georgia?

If you are ultimately convicted of a DUI in Georgia, there are a variety of penalties that you may face depending on how severe your charge is. Generally, the state of Georgia penalizes individuals based on the number of prior convictions they have had in the past 10 years. The average consequences for an individual convicted of a DUI include:

1st Offense Consequences:

Possible jail time of up to one full year
Minimum fine of $300, but can be up to $1,000
License suspension for up to one full year
A mandatory minimum of 40 hours of community service (can sometimes be 20 hours if the BAC was below 0.08%)
$210 license reinstatement fee after suspension
Potential probation for up to one full year

2nd Offense Consequences:

A mandatory minimum of 40 hours in jail, but can be up to a full year sentence
Minimum fine of $600, but can be up to $1,000
Suspended license for three years
$210 license reinstatement fee after suspension
A mandatory minimum of 30 days of community service
Legally required clinical evaluation to assess if there is a substance abuse issue present (if one is found, the individual may be legally required to go to treatment)
Probation based on jail time and severity of offense

3rd Offense Consequences:

Minimum fine of $1,000, but can be up to $5,000
A mandatory minimum of 15 days in jail
Suspended license for five years
A mandatory minimum of 30 days community service, but can be more
Legally required clinical evaluation to assess if there is a substance abuse issue present (if one is found, the individual may be legally required to go to treatment)
Driver’s license plate is seized and becomes invalid
Photo of the individual, their name, and their conviction posted in the local newspaper

4th Offense or Offense Involving Injury or Death Consequences:

Felony DUI charge on your criminal record
Up to five years in prison, with additional years added if an individual was injured or killed
Mandatory minimum fine of $1,000, plus any damages
Suspended license for three years with no eligibility for early reinstatement
Legally required clinical evaluation to assess if there is a substance abuse issue present (if one is found, the individual may be legally required to go to treatment)
Photo of the individual, their name, and their conviction posted in the local newspaper
Mandatory probation after prison

FAQs

What Is the “3-Hour Rule” in Georgia?

The 3-hour rule, otherwise known as a DUI per se, can be used to charge an individual with a DUI. The 3-hour rule applies if their BAC is over 0.08% within three hours of when they stopped operating the vehicle. In this situation, it is known that the alcohol was consumed before they operated the vehicle. Therefore, they were under the influence while driving, even if it took a few hours for their BAC to get to 0.08%.

Can a DUI Case Be Dismissed in Georgia?

If you have been charged with a DUI in Georgia , do not panic. If you find an experienced DUI lawyer who can properly represent you, you may have a strong chance of getting your case dismissed if your charge is not too serious. In fact, most Georgia DUI cases end with the defendant’s acquittal.

Is a DUI Considered a Misdemeanor or Felony?

In most cases, a DUI will be considered a misdemeanor for a defendant’s first three offenses in Georgia. However, an individual can be charged with a felony DUI if they:
Reach their fourth offense in ten years
Injure or kill another individual
Evade a law enforcement official during an arrest

What Is Georgia’s Open Container Law?

An open container is considered to be any alcoholic beverage that is:
Open
Cracked
Has a broken seal
Missing contents
Found to be resealed
Georgia has strict laws stating that no alcoholic beverages can be possessed or consumed in the driver or passenger area of a vehicle. It is also illegal to have open containers anywhere in the vehicle.

Your Atlanta DUI Defense

Here at The Law Office of Delisa Williams PC , our team is committed to representing the rights of our Georgia clients. We know how intimidating charges like DUIs can be. This is why we are prepared to work with you to find the most optimal solution possible for your situation. If you were charged with a DUI in the Atlanta area, do not delay in asking how The Law Office of Delisa Williams PC can help you. To schedule a consultation with us, or to learn more about our different services, contact us today .

Early Probation Termination Georgia

Fri, 10 Sep 2021 20:41:54 GMT

Good News! Our state legislatures and governor signed into law Senate Bill 105 on May 3, 2021. This law applies to anyone serving a felony probation sentence out of Georgia . As with all things, this law has criteria for eligibility. To be considered you must have had no new arrests; no probation revocations in the past 24 months, have paid all restitution(s) (not fines and fees, just restitution) and have already served at least three years on probation . The judge will make the final decision. You have a right to hearing within 90 days. The law requires that the Department of Community Supervision (probation) to consider you and submit an order on your behalf. However, you do not need to wait or depend on this process. You can initiate the process yourself or you can call an attorney . It is my honor and privilege to be a part of such a positive transition.

You can call us today and get the ball rolling. 555-555-5556

Retroactive First Offender-Getting Felonies Restricted From Your Record

Fri, 10 Sep 2021 20:38:56 GMT

The 2015 Georgia Retroactive First Offenders Law can be life-changing for many. If a conviction is holding you back from a promotion, new job opportunity or new business venture then using the law could give you a new jumpstart. Hire an attorney to file a Petition and get started today.

1. Georgia Law on Retroactive First Offenders

Retroactive First Offenders Law does not apply to violent crimes; must be approved by the prosecutor and the judge; they start with a Petition from your attorney.

2. OCGA section 42-8-66

In 2015 the Georgia Legislature enacted the Retroactive First Offender Law.

GA Code § 42-8-66 (2015)

(a) An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first offender treatment may, with the consent of the prosecuting attorney, petition the superior court in the county in which he or she was convicted for discharge and exoneration pursuant to this article.

(b) The court shall hold a hearing on the petition if requested by the petitioner or prosecuting attorney or desired by the court.

(1) Evidence introduced by the petitioner;

(2) Evidence introduced by the prosecuting attorney; and

(3) Other relevant evidence.

(d) The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced and the ends of justice and the welfare of society are served by granting such petition.

(e) The court shall send a copy of any order issued pursuant to this Code section to the petitioner, the prosecuting attorney, and the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall modify its records accordingly.

(f) This Code section shall not apply to a sentence that may be modified pursuant to subsection (f) of Code Section 17-10-1.

Subsection (f) of Code Section 17-10-1 is as follows:

(f) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34.

Georgia Youthful Offender Act

Fri, 10 Sep 2021 20:37:01 GMT

Official Code of Georgia Annotated Section 35-3-37(j)

Your record can be restricted aka expunged under the Youthful Offender Act.

If you were convicted of certain misdemeanor charges when you were under the age of twenty-one (21) or a series of misdemeanors arising from a single incident, you may be eligible.

Some misdemeanor offenses are not eligible for restriction like
Serious Traffic Offenses including,
Driving Under the Influence (DUI)
Reckless Driving
Aggressive Driving
Theft (does not include Shoplifting)
Child Molestation
Enticing a Child for Indecent Purposes
Pimping
Keeping a Place of Prostitution
Pandering by Compulsion
Masturbation for Hire
Giving Massages in a Place used for Lewd Sexual Acts
Sexual Battery
Sexual Assault by Persons with Supervisory or Disciplinary Authority
Sexual Exploitation of Children
Electronically Furnishing Obscene Material to Minors
Obscene Telephone Contact with a Minor
Computer Pornography.

If you were not charged and convicted of the crimes listed above AND

You were under the age of twenty-one (21) when convicted;

You successfully completed the sentence; and

You have not been charged with a criminal offense in the last five (5) years before you are petitioning for restriction (excluding non-serious traffic offenses), THEN your record can be expunged and you can start life again with a clean (or cleaner) slate.

Georgia Record Restriction as of 2021

Fri, 10 Sep 2021 20:34:13 GMT

This law is new as of 2021 and I am overjoyed to tell you about it. We have a 90 percent success rate in having troublesome misdemeanors removed from people’s record. My latest case was a disabled, rideshare driver who had a misdemeanor case over ten years ago. He had been moving along just fine until his company did another records check and fired him. He had been without work for three months when he sought help from my office. Many times the State will just agree to these petitions, but not this time. This case required a Motion’s hearing and after the Judge heard from witnesses the judge agreed to our Petition for Restriction. It gave me such pleasure to send the order over to my client. He is now back at work and the fear of losing everything is in his rear view mirror.

The actual law is below but please call us to see if you qualify.

Effective: July 1, 2021

Ga. Code Ann., § 35-3-37

§ 35-3-37. Criminal history record information

(a) As used in this Code section, the term:

(1) “Drug court treatment program” means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15.

(2) “Entity” means the arresting law enforcement agency, including county and municipal jails and detention centers.

(3) “Mental health treatment program” means a treatment program operated by a mental health court division in accordance with the provisions of Code Section 15-1-16.

(4) “Nonserious traffic offense” means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40 and any similar such offense under the laws of a state which would not be considered a serious traffic offense under the laws of this state if committed in this state.

(5) “Prosecuting attorney” means the Attorney General, a district attorney, or the solicitor-general who had jurisdiction where the criminal history record information is sought to be modified, corrected, supplemented, amended, or restricted. If the offense was a violation of a criminal law of this state which, by general law, may be tried by a municipal, magistrate, probate, or other court that is not a court of record, the term “prosecuting attorney” shall include the prosecuting officer of such court or, in the absence of such prosecuting attorney, the district attorney of the judicial circuit in which such court is located.

(6) “Restrict,” “restricted,” or “restriction” means that the criminal history record information of an individual relating to a particular offense shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center, and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35 .

(7) “Serious violent felony” shall have the same meaning as set forth in Code Section 17-10-6.1 .

(8) “State” includes any state, the United States or any district, commonwealth, territory, or insular possession of the United States, and the Trust Territory of the Pacific Islands.

(9) “Veterans treatment program” means a treatment program operated by a veterans court division in accordance with the provisions of Code Section 15-1-17.

(10) “Youthful offender” means any offender who was less than 21 years of age at the time of his or her arrest.

(b) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity of this state to invade the privacy of any citizen as defined by the General Assembly or as defined by the courts other than to the extent provided in this article.

(c) The center shall make an individual’s criminal history record information available for review by such individual or his or her designee upon written application to the center.

(d) If an individual believes his or her criminal history record information to be inaccurate, incomplete, or misleading, he or she may request a criminal history record information inspection at the center. The center at which criminal history record information is sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures or restrictions, including fingerprinting, as are reasonably necessary to assure the security of the criminal history record information, to verify the identities of those who seek to inspect such information, and to maintain an orderly and efficient mechanism for inspection of criminal history record information. The fee for inspection of criminal history record information shall not exceed $15.00, which shall not include the cost of the fingerprinting.

(e) If the criminal history record information is believed to be inaccurate, incomplete, or misleading, the individual may request that the entity having custody or control of the challenged information modify, correct, supplement, or amend the information and notify the center of such changes within 60 days of such request. In the case of county and municipal jails and detention centers, such notice to the center shall not be required. If the entity declines to act within 60 days of such request or if the individual believes the entity’s decision to be unsatisfactory, within 30 days of the end of the 60 day period or of the issuance of the unsatisfactory decision, whichever occurs last, the individual shall have the right to appeal to the court with original jurisdiction of the criminal offenses in the county where the entity is located.

(f) An appeal pursuant to subsection (e) of this Code section shall be to acquire an order from the court with original jurisdiction of the criminal offenses that the subject information be modified, corrected, supplemented, or amended by the entity with custody of such information. Notice of the appeal shall be provided to the entity and the prosecuting attorney . A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient service on the entity having custody or control of the disputed criminal history record information. The court shall conduct a de novo review and, if requested by a party, the proceedings shall be recorded.

(g)(1) Should the court find by a preponderance of the evidence that the criminal history record information in question is inaccurate, incomplete, or misleading, the court shall order such information to be appropriately modified, corrected, supplemented, or amended as the court deems appropriate. Any entity with custody, possession, or control of any such criminal history record information shall cause each and every copy thereof in its custody, possession, or control to be altered in accordance with the court’s order within 60 days of the entry of the order.

(2) To the extent that it is known by the requesting individual that an entity has previously disseminated inaccurate, incomplete, or misleading criminal history record information, he or she shall, by written request, provide to the entity the name of the individual, agency, or company to which such information was disseminated. Within 60 days of the written request, the entity shall disseminate the modification, correction, supplement, or amendment to the individual’s criminal history record information to such individual, agency, or company to which the information in question has been previously communicated, as well as to the individual whose information has been ordered so altered.

(h) Access to an individual’s criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions:

(1) Prior to indictment, accusation, or other charging instrument:

(A) The offense was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:

(i) The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division within 30 days of such decision. A copy of the notice shall be sent to the accused and the accused’s attorney, if any, by mailing the same by first-class mail within seven days of notifying the center; or

(ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:

(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years;

(II) If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or

(III) If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years.

If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34 or 35-3-35 . If the center does not receive notice of a charging instrument within 30 days of the applicable time periods set forth in this division, such record shall be restricted by the center for noncriminal justice purposes;

(B) The offense was referred to the prosecuting attorney but was later dismissed;

(D) The grand jury returned one no bill and the applicable time period set forth in division (ii) of subparagraph (A) of this paragraph has expired; and

(2) After indictment or accusation:

(A) Except as provided in subsection (i) of this Code section, all charged offenses were dismissed, nolle prossed, or reduced to a violation of a local ordinance;

(B) The individual was sentenced in accordance with the provisions of subsection (a) or subsection (c) of Code Section 16-13-2 , and either the court ordered restriction upon sentencing as permitted in Code Section 16-13-2 or the individual successfully completed the terms and conditions of his or her probation;

(C) The individual pleaded guilty to or was found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23 and was sentenced in accordance with the provisions of subsection (c) of Code Section 3-3-23.1 , and either the court ordered restriction upon sentencing as permitted in Code Section 3-3-23.1 or the individual successfully completed the terms and conditions of his or her probation;

(D) The individual successfully completed a drug court treatment program, mental health treatment program, or veterans treatment program, the individual’s offense has been dismissed or nolle prossed, and he or she has not been arrested during such program, excluding any arrest for a nonserious traffic offense; or

(E) The individual was acquitted of all of the charged offenses by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either:

(i) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or

(ii) The individual has been formally charged with the same or similar offense within the previous five years.

(i) After the filing of an indictment or accusation, an individual’s criminal history record information shall not be restricted if:

(1) The prosecuting attorney affirmatively indicates that the offense was dismissed, nolle prossed, or reduced to a violation of a local ordinance because:

(A) Of a plea agreement resulting in a conviction of the individual for an offense arising out of the same underlying transaction or occurrence as the conviction;

(B) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine;

(C) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of the state or a foreign nation; or

(D) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution;

(2) The charged offenses were tried and some, but not all, of the offenses resulted in an acquittal; or

(3) The individual was acquitted of all charged offenses but it was later determined that the acquittal was the result of jury tampering or judicial misconduct.

(j)(1) When an individual had a felony charge dismissed or nolle prossed or was found not guilty of such charge but was convicted of a misdemeanor offense that was not a lesser included offense of the felony charge, such individual may petition the court in which he or she was accused or convicted, as applicable, or, if such charge was dismissed, the superior court in the county where the arrest occurred to restrict access to criminal history record information for the felony charge within four years of the arrest. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available.

(2) When an individual was convicted of an offense and was sentenced to punishment other than the death penalty, but such conviction was vacated by the trial court or reversed by an appellate court or other post-conviction court, the decision of which has become final by the completion of the appellate process, and the prosecuting attorney has not retried the case within two years of the date the order vacating or reversing the conviction became final, such individual may petition the court in which he or she was convicted to restrict access to criminal history record information for such offense. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the judgment was reversed or vacated, the reason the prosecuting attorney has not retried the case, and the public’s interest in the criminal history record information being publicly available.

(3) When an individual’s charged offense has remained on the dead docket for more than 12 months, such individual may petition the court in which the charged offense is pending to restrict access to criminal history record information for such charged offense. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the offense was placed on the dead docket; provided, however, that the court shall not grant such motion if an active warrant is pending for such individual.

(A) When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, provided that such conviction was not for any offense listed in subparagraph (B) of this paragraph, and such individual has completed the terms of his or her sentence and has not been convicted of any crime in any jurisdiction for at least four years prior to filing a petition under this subparagraph, excluding any conviction for a nonserious traffic offense, and provided, further, that he or she has no pending charged offenses, he or she may petition the court in which the conviction occurred to restrict access to criminal history record information. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if it determines that the harm otherwise resulting to the individual clearly outweighs the public’s interest in the criminal history record information being publicly available.

(B) Record restriction under this subsection shall not be appropriate if the individual was convicted of:

(i) Family violence simple assault in violation of subsection (d) of Code Section 16-5-20 , unless the individual was a youthful offender;

(ii) Family violence simple battery in violation of subsection (f) of Code Section 16-5-23 , unless the individual was a youthful offender;

(iii) Family violence battery in violation of subsection (f) of Code Section 16-5-23.1 , unless the individual was a youthful offender;

(iv) Family violence stalking in violation of Code Section 16-5-90 ;

(v) Violating a family violence order in violation of Code Section 16-5-95 ;

(vi) Child molestation in violation of Code Section 16-6-4 ;

(vii) Enticing a child for indecent purposes in violation of Code Section 16-6-5 ;

(viii) Improper sexual contact by employee or agent, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust in violation of Code Section 16-6-5.1 ;

(ix) Public indecency in violation of subsection (b) of Code Section 16-6-8 ;

(x) Keeping a place of prostitution in violation of Code Section 16-6-10 ;

(xi) Pimping in violation of Code Section 16-6-11 ;

(xii) Pandering by compulsion in violation of Code Section 16-6-12 ;

(xiii) Sexual battery in violation of Code Section 16-6-22.1 ;

(xiv) Obstructing or hindering persons making emergency telephone call in violation of Code Section 16-10-24.3 ;

(xv) Peeping Toms in violation of Code Section 16-11-61 ;

(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16;

(xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud in violation of Code Section 16-8-14 or 16-8-14.1 , as applicable; or

(xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.

(C) An individual shall be limited to filing a petition under this paragraph to a lifetime maximum of requesting record restriction on two convictions for a misdemeanor or a series of misdemeanors arising from a single incident. For the purposes of this subparagraph, the conviction of two or more offenses charged in separate counts of one or more accusations consolidated for trial shall be deemed to be one conviction. If a petition under this subsection has been denied, an individual may file a subsequent petition on the same conviction for a misdemeanor or series of misdemeanors arising from a single incident after the expiration of two years from the date of the final order from the previous petition.

(5) When an individual was arrested on a fugitive from justice warrant as provided in Code Section 17-13-4 , such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such warrant. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that circumstances warrant restriction and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available.

(6)(A) A defendant convicted of an offense and sentenced while such individual was a victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to restrict such conviction. Such court shall maintain the jurisdiction, power, and authority to restrict such conviction and sentence.

(B) The defendant shall serve the petition provided for under paragraph (1) of this subsection upon the prosecuting attorney, and such petition:

(i) Shall be submitted on a form promulgated by the Attorney General; and

(ii) May include documentation of a defendant’s status as a victim of an offense of trafficking under Code Section 16-5-46 at the time of the offense; provided, however, that official documentation shall not be required to obtain relief under this paragraph. Such documentation shall create a rebuttable presumption that the defendant was a victim of trafficking under Code Section 16-5-46 . As used in this subparagraph, the term “official documentation” includes, but is not limited to, the following:

(I) A copy of an official record, certification, or eligibility letter from a federal, state, tribal, or local proceeding showing that the defendant was a victim of trafficking under Code Section 16-5-46 ;

(II) An affidavit, a letter, or sworn testimony from a member of the clergy, medical professional, member of a victim services organization, or certified, licensed, or registered professional from whom the defendant has sought assistance, counseling, or legal counsel related to his or her victimization; or

(III) Any other evidence that the court determines is of sufficient credibility or probative value.

(C) If the prosecuting attorney, to the court, consents in writing to the restriction of such conviction and sentence or fails to respond to such petition within 30 days of service, the court imposing the conviction and sentence shall, without notice or hearing, issue an order restricting the conviction and sentence.

(D) If the prosecuting attorney, to the court, objects in writing to the petition, the court shall determine, by a preponderance of the evidence, whether the defendant committed such offense while such individual was a victim of an offense of trafficking under Code Section 16-5-46 . If the court finds, by a preponderance of the evidence, that the defendant committed such offense while such individual was a victim of an offense of trafficking under Code Section 16-5-46 , the court may issue an order restricting the conviction and sentence. The court shall hold a hearing within 90 days of the filing of the petition to hear evidence for purposes of making a determination under this subparagraph or make a determination upon the pleadings or record.

(E) When the petition provided for under subparagraph (A) of this paragraph is filed, it shall be filed under seal.

(F) For purposes of considering such petition, testimony from the defendant or any other party may be taken by the court by remote electronic means.

(G) No fee shall be charged to an individual for restricting access to criminal history record information under this paragraph.

(7) When an individual was convicted in this state of an offense for which that individual has been granted a pardon from the State Board of Pardons and Paroles as provided in the Constitution and Code Section 42-9-42 , provided that the offense was not a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual offense as such term is defined in Code Section 17-10-6.2 , and provided, further, that such individual has not been convicted of any crime in any jurisdiction, excluding any conviction for a nonserious traffic offense, since the pardon was granted, and provided, further, that he or she has no pending charged offenses, he or she may petition the court in which the conviction occurred to restrict access to criminal history record information. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if it determines that the harm otherwise resulting to the individual clearly outweighs the public’s interest in the criminal history record information being publicly available.

(k)(1) The center shall notify the arresting law enforcement agency of any criminal history record information, access to which has been restricted pursuant to this Code section, within 30 days of the date access to such information is restricted. Upon receipt of notice from the center that access to criminal history record information has been restricted, the arresting law enforcement agency or other law enforcement agency shall, within 30 days, restrict access to all such information maintained by such arresting law enforcement agency or other law enforcement agency for such individual’s offense that has been restricted.

(2) An individual who has had criminal history record information restricted pursuant to this Code section may submit a written request to the appropriate county or municipal jail or detention center to have all records for such individual’s offense that has been restricted maintained by the appropriate county or municipal jail or detention center restricted. Within 30 days of such request, the appropriate county or municipal jail or detention center shall restrict access to all such criminal history record information maintained by such appropriate county or municipal jail or detention center for such individual’s offense that has been restricted.

(3) The center shall be authorized to unrestrict criminal history record information based on the receipt of a disposition report showing that the individual was convicted of an offense which was restricted pursuant to this Code section.

(l) If criminal history record information is restricted pursuant to this Code section and if the entity declines to restrict access to such information, the individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the entity shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in subsection (h) or (j) of this Code section.

(m)(1) For criminal history record information maintained by the clerk of court, an individual who has a record restricted pursuant to this Code section may petition the court with original jurisdiction over the offenses in the county where the clerk of court is located for an order to seal all criminal history record information maintained by the clerk of court for such individual’s charged offense. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice.

(2) The court shall order all criminal history record information in the custody of the clerk of court, including within any index, to be restricted and unavailable to the public if the court finds by a preponderance of the evidence that:

(A) The criminal history record information has been restricted pursuant to this Code section; and

(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available.

(3) Within 60 days of the court’s order, the clerk of court shall cause every document, physical or electronic, in its custody, possession, or control to be restricted.

(n)(1) Except as provided in subsection (j) of this Code section, as to arrests occurring before July 1, 2013, an individual may, in writing, request the arresting law enforcement agency to restrict the criminal history record information of an arrest, including any fingerprints or photographs taken in conjunction with such arrest. Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00.

(2) Within 30 days of receipt of such written request, the arresting law enforcement agency shall provide a copy of the request to the prosecuting attorney. Within 90 days of receiving the request, the prosecuting attorney shall review the request to determine if the request meets the criteria set forth in subsection (h) of this Code section for record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. If the prosecuting attorney denies such request, he or she shall cite with specificity the reason for such denial in writing and attach to such denial any relevant documentation in his or her possession used to make such denial. There shall be a presumption that the prosecuting attorney does not object to the request to restrict the criminal history record information if he or she fails to respond to the request for a determination within the 90 day period set forth in this paragraph. The arresting law enforcement agency shall inform the individual of the prosecuting attorney’s decision, and, if record restriction is approved by the prosecuting attorney, the arresting law enforcement agency shall restrict the criminal history record information within 30 days of receipt of the prosecuting attorney’s decision.

(3) If a prosecuting attorney declines an individual’s request to restrict access to criminal history record information, such individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the prosecuting attorney to decline a request to restrict access to criminal history record information shall be upheld unless the individual demonstrates by clear and convincing evidence that the arrest is eligible for record restriction pursuant to subsection (h) of this Code section and the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available.

(4) To restrict criminal history record information at the center, an individual shall submit a prosecuting attorney’s approved record restriction request or a court order issued pursuant to paragraph (3) of this subsection to the center. The center shall restrict access to such criminal history record information within 30 days of receiving such information.

(o) Nothing in this Code section shall give rise to any right which may be asserted as a defense to a criminal prosecution or serve as the basis for any motion that may be filed in any criminal proceeding. The modification, correction, supplementation, amendment, or restriction of criminal history record information shall not abate or serve as the basis for the reversal of any criminal conviction.

(p) Any application to the center for access to or restriction of criminal history record information made pursuant to this Code section shall be made in writing on a form approved by the center. The center shall be authorized to develop and publish such procedures as may be necessary to carry out the provisions of this Code section. In adopting such procedures and forms, the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall not apply.

(q) It shall be the duty of the entity to take such action as may be reasonable to prevent disclosure of information to the public which would identify any individual whose criminal history record information is restricted pursuant to this Code section.

(r) If the center has notified a firearms dealer that an individual is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such individual being involuntarily hospitalized within the immediately preceding five years, upon such individual or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the individual or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such individual’s eligibility to possess or transport a handgun.

(s) The center shall be authorized to provide such individual’s criminal history record information to the employers and entities and under the conditions set forth in subsections (u) and (v) of this Code section.

(t) In the course of a civil action and upon request, the court shall order that any relevant criminal history record information that has been restricted or sealed pursuant to this Code section for any witness in that civil action shall be provided to the parties in that proceeding for use only in that proceeding. Any information disclosed in such order shall not be published outside the proceedings and any subsequent appeal.

(u) A restriction or sealing pursuant to this Code section may be used to disqualify an individual for employment or appointment to office in the same manner that a discharge under Article 3 of Chapter 8 of Title 42 may be used to disqualify an individual from employment as set forth in Code Section 42-8-63.1 , and such restriction or sealing shall not supersede any disclosure or consideration of criminal history record information required by federal law, including, but not limited to, those disclosures required by financial institutions, as such term is defined in Code Section 7-1-4 .

(v)(1) Information restricted and sealed pursuant to this Code section shall always be available for inspection, copying, and use:

(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42;

(B) By the Judicial Qualifications Commission;

(C) By an attorney representing an accused individual who submits a sworn affidavit to the clerk of court attesting that such information is relevant to a criminal proceeding;

(D) By a prosecuting attorney or a public defender;

(E) Pursuant to a court order; and

(F) By an individual who is the subject of restricted criminal history record information or sealed court files.

(2) The confidentiality of such information shall be maintained insofar as practicable.

(w) This Code section shall apply to sentences imposed before, on, or after July 1, 2020.