how to expunge my record in georgia

2 min read 05-02-2025

Georgia offers a process to clear certain criminal records, known as expungement. This article provides an overview; it's not legal advice, and you should consult with a Georgia attorney for personalized guidance. The specifics of expungement can be complex and depend on your individual circumstances.

What Can Be Expunged in Georgia?

Not all criminal records are eligible for expungement in Georgia. Generally, the following may be considered:

Certain misdemeanor convictions: Not all misdemeanors are eligible. The specific criteria depend on the type of offense and your criminal history.
Dismissed charges: Charges that were dropped or dismissed can often be expunged.
Charges resulting in acquittal: If you were found not guilty, the record can typically be expunged.
First-offender sentences: Georgia's First Offender Act allows for the expungement of certain convictions under specific conditions.

Crimes that are generally NOT eligible for expungement include:

Felonies (with some very limited exceptions)
Domestic violence convictions
Sex offenses
Crimes involving violence against a child
DUI/DWI convictions (in most cases)

How to Start the Expungement Process in Georgia

The expungement process in Georgia involves several steps:

1. Determine Eligibility

This is the crucial first step. Review your criminal record to identify eligible charges. Use Georgia's online court systems to obtain your record. Consult an attorney to assess your eligibility. They can analyze your specific situation and advise on the feasibility of expungement.

2. File a Petition for Expungement

Once you've confirmed eligibility, you'll need to file a formal petition with the court where the conviction or charges occurred. This petition will outline your reasons for seeking expungement and demonstrate your eligibility. This is a legal document and must be completed accurately.

3. Court Hearing

After filing, the court will schedule a hearing. You'll need to attend the hearing and potentially present evidence to support your petition. The judge will then make a decision on whether to grant the expungement.

4. Order of Expungement

If the judge approves your petition, they will issue an order of expungement. This order formally seals your record. This means that your record is not automatically visible in background checks.

What Happens After Expungement?

Expungement in Georgia does not erase your record completely. The information remains in the state's archives, but it's sealed and generally inaccessible to the public and most background checks. However, certain entities, such as law enforcement and some licensing boards, may still have access.

Frequently Asked Questions (FAQs)

Q: How long do I have to wait after completing my sentence to file for expungement?

A: There are waiting periods depending on the type of offense and whether you completed probation or parole successfully. Consult an attorney for clarification.

Q: How much does expungement cost?

A: Court fees and attorney fees can vary. Expect to incur significant costs.

Q: Will an expunged record still show up on background checks?

A: No, it will not typically show up on most background checks. However, certain agencies may still have access to the sealed information.

Q: Do I need a lawyer to expunge my record?

A: While not strictly required, it's highly recommended. An attorney can guide you through the complex process, ensuring your petition is properly filed and your rights are protected.

Conclusion

Expunging your record in Georgia can be a complex process. Seeking legal advice from a qualified Georgia attorney is crucial to understand your eligibility and navigate the steps involved. Remember, this information is for general knowledge and should not be considered legal advice. Always consult with a legal professional for personalized guidance on your specific situation.