How to Get Criminal Record Expunged in GA?
In the state of Georgia, having a criminal record can be a significant burden, affecting not only your personal life but also your professional and social opportunities. Fortunately, Georgia offers an expungement process, which allows individuals to seal their criminal records, providing a second chance to rebuild their lives. In this article, we will guide you through the process of getting your criminal record expunged in Georgia.
Eligibility for Expungement in Georgia
Before we dive into the process, it’s essential to understand who is eligible for expungement in Georgia. According to Georgia Code Section 35-3-37, the following individuals are eligible for expungement:
- Individuals who were convicted of a misdemeanor offense
- Individuals who were convicted of a felony offense, but the conviction was vacated or set aside
- Individuals who were arrested but not convicted of a crime
- Individuals who were charged with a crime but the charges were dropped or dismissed
The Expungement Process in Georgia
The expungement process in Georgia is a multi-step process, which involves the following steps:
- Filing the Petition: The first step is to file a petition for expungement with the court that handled your case. The petition must be signed under oath and must include your name, address, and the case number.
- Waiting Period: Depending on the type of offense, you may need to wait a certain period of time before you can file for expungement. For example, if you were convicted of a misdemeanor, you must wait 3 years from the date of your conviction. If you were convicted of a felony, you must wait 7 years from the date of your conviction.
- Investigation: The court will conduct an investigation to determine if you are eligible for expungement. The court will review your criminal history and determine if you have any outstanding warrants or other legal issues.
- Hearing: If the court determines that you are eligible for expungement, you will be scheduled for a hearing. At the hearing, you will need to prove that you are eligible for expungement and that you have not committed any other crimes since your conviction.
- Order of Expungement: If the court grants your petition for expungement, it will issue an order of expungement. This order will direct the court clerk to seal your criminal record.
Fees and Costs
There are several fees and costs associated with the expungement process in Georgia, including:
- Filing Fee: The filing fee for an expungement petition is typically $150.
- Court Costs: You may need to pay court costs, which can range from $100 to $500.
- Background Check Fee: You may need to pay a background check fee, which can range from $20 to $50.
Types of Records That Can Be Expunged
In Georgia, the following types of records can be expunged:
- Misdemeanor Convictions: Misdemeanor convictions can be expunged, including convictions for DUI, disorderly conduct, and simple assault.
- Felony Convictions: Felony convictions can be expunged if the conviction was vacated or set aside.
- Arrest Records: Arrest records can be expunged if you were not convicted of a crime.
- Charge Records: Charge records can be expunged if the charges were dropped or dismissed.
Benefits of Expungement
Expungement can have numerous benefits, including:
- Improved Job Prospects: Expungement can help you to improve your job prospects, as many employers will not consider applicants with criminal records.
- Improved Credit: Expungement can help to improve your credit score, as many creditors will not consider your criminal record when evaluating your creditworthiness.
- Reduced Stigma: Expungement can help to reduce the stigma associated with having a criminal record, allowing you to reintegrate into society without the burden of a criminal record.
Conclusion
Expungement is a complex legal process, and it’s essential to understand the eligibility requirements, the expungement process, and the benefits of expungement before pursuing this option. By following the steps outlined in this article, you can increase your chances of successfully expunging your criminal record in Georgia. Remember to consult with an experienced attorney who is familiar with the expungement process in Georgia to ensure that you are taking the correct steps to achieve your goals.
Table: Eligibility Requirements for Expungement in Georgia
| Type of Offense | Waiting Period |
|---|---|
| Misdemeanor | 3 years |
| Felony | 7 years |
| Arrest | N/A |
| Charge | N/A |
Table: Types of Records That Can Be Expunged in Georgia
| Type of Record | Description |
|---|---|
| Misdemeanor Conviction | Convictions for misdemeanor offenses |
| Felony Conviction | Convictions for felony offenses (if vacated or set aside) |
| Arrest Record | Records of arrests that did not result in a conviction |
| Charge Record | Records of charges that were dropped or dismissed |
Bullets: Important Points to Consider
- Eligibility: Before pursuing expungement, ensure that you are eligible for the process.
- Waiting Period: Be aware of the waiting period required for your specific offense.
- Investigation: The court will conduct an investigation to determine your eligibility for expungement.
- Hearing: Be prepared to attend a hearing to prove your eligibility for expungement.
- Order of Expungement: The court will issue an order of expungement if your petition is granted.
- Fees and Costs: Be prepared to pay fees and costs associated with the expungement process.
