How to Get a Criminal Record Expunged in Georgia?
Having a criminal record can be a significant burden, affecting not only your personal life but also your professional and educational opportunities. In Georgia, individuals with a criminal record may be able to have their records expunged, or cleared, through a process governed by the Georgia Code. In this article, we will guide you through the steps to get a criminal record expunged in Georgia.
Who is Eligible for Record Expungement in Georgia?
Not everyone is eligible for record expungement in Georgia. The Georgia Code outlines specific requirements for eligibility, which include:
• Misdemeanors: Individuals with misdemeanor convictions may be eligible for expungement if they have completed their sentence, including probation, and have not been convicted of a felony or misdemeanor within the past 5 years.
• Felony: Individuals with felony convictions may be eligible for expungement if they have been granted a pardon or had their conviction vacated, and have not been convicted of a felony or misdemeanor within the past 10 years.
• Juvenile Offenses: Minors who were convicted of a crime as a juvenile may be eligible for expungement if they were convicted of a misdemeanor or felony and have not been convicted of a crime as an adult.
What are the Steps to Get a Criminal Record Expunged in Georgia?
To get a criminal record expunged in Georgia, follow these steps:
- Determine Eligibility: Review the Georgia Code to determine if you are eligible for expungement based on your criminal record.
- Gather Required Documents: Collect the following documents:
- Criminal Record: Obtain a copy of your criminal record from the Georgia Crime Information Center (GCIC).
- Pardon or Vacatur: If applicable, obtain a pardon or vacatur document.
- Certificate of Completion: If applicable, obtain a certificate of completion from the court or probation department.
- Complete the Petition for Expungement: File a petition for expungement with the court in the county where the offense was committed. The petition must include:
- Biographical Information: Provide your name, address, and date of birth.
- Offense Information: Provide the date, location, and nature of the offense.
- Expungement Request: Specify which records you want to expunged and why.
- Serve Notice: Serve notice of the petition on the following parties:
- District Attorney: Serve the district attorney’s office in the county where the offense was committed.
- Law Enforcement: Serve the law enforcement agency that arrested you.
- Attend a Hearing: Appear before a judge to argue your petition for expungement. The court will review your petition and may grant or deny the expungement.
- File a Notice of Expungement: If the court grants your petition, file a notice of expungement with the GCIC and the court.
Filing Fees and Costs
The cost of filing a petition for expungement in Georgia varies depending on the court and the complexity of the case. Typically, the filing fee ranges from $200 to $500. Additionally, you may need to pay for a background check and other documentation.
Timeline for Expungement in Georgia
The timeline for expungement in Georgia varies depending on the complexity of the case and the court’s schedule. Typically, the process takes several months to a year. Here is a general outline of the timeline:
| Step | Timeframe |
|---|---|
| Petition Filing | 1-2 weeks |
| Service of Notice | 1-2 weeks |
| Hearing | 1-3 months |
| Expungement Grant/Denial | 1-2 weeks |
| Filing Notice of Expungement | 1-2 weeks |
Conclusion
Expunging a criminal record in Georgia can be a complex and time-consuming process, but it is possible. By understanding the eligibility requirements and following the steps outlined in this article, individuals with a criminal record can take the first step towards clearing their name and rebuilding their lives. Remember to consult with an attorney or legal professional to ensure a smooth and successful expungement process.
