How to expunge a misdemeanor in Georgia?

How to Expunge a Misdemeanor in Georgia?

Expungement is the process of clearing a person’s criminal record of a previous conviction. In Georgia, individuals with misdemeanor convictions can apply for expungement to erase their criminal record, which can be beneficial for employment, education, and other aspects of life. In this article, we will outline the steps to expunge a misdemeanor in Georgia.

Eligibility

Before applying for expungement, individuals must ensure they meet the eligibility criteria. To be eligible, the misdemeanor conviction must:

• Have been committed prior to the person’s 21st birthday
• Have been a first offense
• Not have been committed within the past five years
• Not be a conviction for a violation of the Georgia Controlled Substances Act or a serious drug offense
• Not be a conviction for any offense that requires registration as a sex offender

The Expungement Process

The expungement process in Georgia involves the following steps:

1. Determine the Conviction: The individual must identify the specific misdemeanor conviction they wish to expunge.
2. File the Petition: The individual must file a petition for expungement with the court that handled their original conviction.
3. Wait for the District Attorney’s Response: The district attorney has 60 days to respond to the petition. If they object, a hearing will be scheduled to determine whether the conviction can be expunged.
4. Attend the Hearing: If a hearing is scheduled, the individual must attend and present their case to the judge.

The Expungement Forms

To file a petition for expungement in Georgia, individuals must use the following forms:

• OCGA 59-12-100: Petition for Expungement of Criminal Record
• OCGA 59-12-101: Order for Expungement of Criminal Record
• OCGA 59-12-102: Notice of Hearing on Petition for Expungement of Criminal Record

Filing Fees

Filing fees for expungement in Georgia vary depending on the county. Here are some approximate fees:

• Fulton County: $220
• DeKalb County: $240
• Gwinnett County: $200
• Cobb County: $230

Document Requirements

When filing a petition for expungement, individuals must provide the following documents:

• Conviction: A copy of the conviction document or judgment
• Application: A completed application form (OCGA 59-12-100)
• Identification: Proof of identity, such as a driver’s license or state ID
• Proof of Payment: Payment for the filing fee and any other required fees

Timeframe

The timeframe for expungement in Georgia varies depending on the complexity of the case. Typically, the process takes around 6-12 months. However, this timeframe can be longer if the district attorney objects or if the individual needs to attend a hearing.

Consequences of Expungement

After a conviction is expunged, the individual can:

• Deny the conviction: When asked about the conviction, the individual can legally deny it
• Answer "no" to questions: When asked if they have a criminal record, the individual can answer "no"
• Seek employment and education opportunities: Expunged convictions do not need to be disclosed on job or college applications

Table: Expungement Timeline

Conclusion

Expunging a misdemeanor conviction in Georgia can be a beneficial process for individuals looking to start fresh. By understanding the eligibility criteria, the expungement process, and the required documents, individuals can increase their chances of success. Remember to carefully review the expungement forms, filing fees, and document requirements before submitting your petition. If you have any questions or concerns, consider consulting with an attorney experienced in Georgia expungement law.