Expungement in the State of Georgia

 

When you commit a crime in Georgia, a record of that goes into your criminal history that stays with you forever. This can negatively impact you when you try to apply for jobs, housing, and even certain licenses if they ask to do a background check, because the person or agency will see information about your crime when they look into your history. This can make them more inclined to go with another person or turn you down.

 

Luckily, the United States has laws in place that allow for a legal process known as expungement, whereby it is possible for criminal records to be sealed or erased. Some states disagree with this law and forbid it altogether, others layer their own laws on top of it that prevent most people with a criminal history from hiding it.

 

What records will Georgia expunge?

 

If your crime is one of those that can be expunged under Georgia law and a judge approves your petition, documentation that will be erased includes arrest records, trial records, and detention records. These can consist of cards, photographs, fingerprints, or any other documents that could be used to identify you. And for those with convictions that were reversed or charges that have been dismissed, DNA records may be expunged, too.

 

Once this occurs, the public will not be able to access your records and neither will law enforcement agencies. Instead, your criminal record will show that no conviction took place, and you will be able to legally state that you were not accused of or arrested for a crime.

 

However, it is untrue to say that these records are utterly destroyed, or that no one could possibly ever access them. If government officials have a legally permissible reason to view your files, the court could grant access for an expunged record to be reopened. Reasons why this access might be granted include:

 

• The individual commits another criminal act – in this instance, the erased record can be used to count as a prior offense, causing you to face harsher penalties than if you were a first time offender
• If the individual runs for public office – it is legally required for all records to be open for review
• If the individual applies to enter the armed forces – it is legally required for all records to be open for review

 

It is also possible that certain kinds of documentation will not be destroyed. If so, this information will be held back for constitutional reasons and not revealed to the public or law enforcement unless the court orders it.

 

Records that cannot be expunged in the state of Georgia include custody records kept by the county, and municipal jail and detention records.

 

How does the Georgia expungement process work?

 

In the event that you are not convicted of the crime for which you are charged, you are required to wait a designated amount of time following the arrest or the case’s dismissal to prove that no conviction occurred. If you are convicted, you must show that you have no prior convictions, that you satisfactorily completed the sentence, and that you aren’t involved in any other criminal matters at present. Once you have met those requirements, you are eligible to apply for expungement of your crime to the court.

 

Those applying for expungement must do so in a written request to the appropriate law enforcement agency. Before the court makes any decision on your application for expungement, they will check to make sure that your paperwork was all completed correctly and fully, consider how serious your crime was, and determine whether or not expungement of your crime is in the favor of the court. If they do not believe that to be the case, they may decide – at their own discretion – to refuse your application and deny the expungement. You may challenge this decision in court if you are able to prove that your record is inaccurate or incomplete; however, anyone who had charges dead-docketed, nolled, or dismissed because of a plea agreement is ineligible to apply to have charges erased.

 

Georgia also has laws in place in some jurisdictions that allow a minor who has committed a crime to have his or her records automatically expunged when they reach the age of adulthood – 17 or 18 years of age. This allows individuals who make youthful indiscretions the opportunity to start adulthood with a clean record.

 

What criminal cases are eligible for expungement?

 

Expungement only applies to specific kinds of criminal cases. Non-adjudicated delinquents can have their juvenile records expunged, as can people who had a charge eliminated without a conviction who don’t have a crime conviction on their record for the past 5 years.