Can You Get a Felony Expunged in Georgia?
In Georgia, expungement is the process of sealing or destroying certain criminal records, making it possible for individuals to start anew and rebuild their lives after a conviction. While many people believe that expunging a felony is impossible, Georgia law allows for some cases of felony expungement. In this article, we will explore the process and eligibility requirements for expunging a felony in Georgia.
What is Felony Expungement in Georgia?
Felony expungement in Georgia is a court-ordered process that removes or seals certain criminal records, making them inaccessible to the public. This process is often referred to as "expungement" or "sealing." Felony expungement in Georgia is possible under specific circumstances, such as:
• Case Dismissal: If a felony case is dismissed, the defendant may be eligible for expungement.
• Acquittal: If a person is acquitted of a felony charge, they may be eligible for expungement.
• Plea Bargain: In some cases, a person may plead guilty to a felony and, as part of a plea bargain, be granted expungement after completing their sentence.
Eligibility Requirements
To be eligible for felony expungement in Georgia, you must meet specific requirements. These include:
• Case Type: The case must be a felony conviction or a dismissal.
• Time Elapsed: At least five years must have passed since the conviction, dismissal, or acquittal.
• Good Conduct: You must have good conduct since the conviction, dismissal, or acquittal.
• No New Charges: You cannot have any pending charges or new charges since the conviction, dismissal, or acquittal.
The Expungement Process
The expungement process in Georgia involves the following steps:
- File a Petition: The individual seeking expungement must file a petition with the court.
- Pay the Filing Fee: The individual must pay a filing fee, which varies depending on the court.
- Provide Documentation: The individual must provide documentation, including:
• Conviction records
• Court transcripts
• Certificate of completion (if applicable) - Notice to the Prosecutor: The prosecutor must be notified of the petition and given the opportunity to oppose the expungement.
- Hearing: A hearing may be held to determine whether the expungement should be granted.
Types of Felonies Eligible for Expungement
Not all felonies are eligible for expungement in Georgia. Specifically, the following felonies are eligible for expungement:
• Simple Possession: Possession of controlled substances or drug-related offenses
• Misdemeanor: Misdemeanor charges that were originally charged as felonies, but were reduced to misdemeanors
• Disorderly Conduct: Felony disorderly conduct charges that did not result in injury or harm
Felonies Not Eligible for Expungement
Not all felonies are eligible for expungement in Georgia. Specifically, the following felonies are not eligible for expungement:
• Violent Crimes: Felonies involving violence, such as murder, rape, or aggravated assault
• Crimes Involving Fraud: Felonies involving fraud, such as theft or identity theft
• Crimes Involving Sex Offenses: Felonies involving sex offenses, such as child molestation or sodomy
Benefits of Felony Expungement
Expunging a felony conviction in Georgia can have significant benefits, including:
• Increased Employment Opportunities: An expunged felony record can improve job prospects and increase earning potential.
• Enhanced Credit Scores: Expunging a felony record can improve credit scores and access to loans and credit.
• Increased Housing Options: Expunging a felony record can improve access to housing and rental opportunities.
• Reduced Social Stigma: Expunging a felony record can reduce social stigma and increase feelings of redemption and new beginnings.
Conclusion
While not all felonies are eligible for expungement in Georgia, those that are can have a significant impact on an individual’s life. By understanding the eligibility requirements and the expungement process, individuals can take the first steps towards rebuilding their lives after a conviction. Remember to consult with an experienced attorney to determine the specific eligibility requirements and process for your individual case.
