Expungement

Just because a person has been charged with a crime does not mean that this charge needs to remain on their criminal record forever. In some situations, where a person was charged but not convicted of a crime, people may apply to have their records cleared.

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In some very limited circumstances, even convictions may be cleared from a person’s record. Cherokee County expungement lawyers could work with people to evaluate their criminal records. Contact a skilled criminal attorney can help you determine if they are eligible for this program and if so, help you to apply for the expungement.

Expungement Processes in Georgia

In July of 2013, Georgia introduced a new process for expunging peoples’ criminal records. In fact, the term expungement no longer applies. Instead, the process has been renamed record restriction. This is because the criminal records are never completely cleaned, they are simply restricted to anyone not a member of the police or courts.

In general, the laws concerning record restriction did not change. Most felony convictions will still remain on a person’s record, but many misdemeanor convictions can be restricted by petition. However, most arrests that did not lead to a conviction may be removed.

The time of July 2013 is a determining factor as to how this process will be handled. Any arrest after this date may be automatically restricted that did not result in a conviction due to a failure to prosecute by the state, the charge being dismissed after the completion of a pretrial diversion program, or a not guilty verdict at trial.

Is There a Waiting Period?

A Cherokee County expungement lawyer knows that there can be a waiting period during the restriction process. A dismissal or a not-guilty verdict is usually restricted without a waiting period. When the arresting agency never sent the case to a prosecutor, restriction comes after a set time from the arrest. For misdemeanors, a person must wait two years. Most felonies are restricted after four years, while serious violent felonies and certain sexual offenses against a child under 16 must wait seven years. Offense severity drives these timelines, and a charge as serious as felony vehicular homicide can shape what record relief is ever available. See our related guide: Felony Fleeing and Eluding in Georgia: Charges, Penalties, and Defenses.

For an arrest before July 1, 2013 that did not lead to a conviction, the person must send a written request to the arresting law enforcement agency. In Cherokee County, the applicant must make a request using this form, and submit it to the Cherokee County Sheriff’s Office. The police department may request a fee not to exceed $50.

Determining Eligibility for Restriction

Once the form and fee are submitted, the information is sent to the prosecuting attorney in the case who determines if the case is eligible for restriction. If the case is eligible, the paperwork and an additional fee of $25 needs to be sent to the Georgia Bureau of Investigation for final processing. The entire process takes from six to nine months.

Certain misdemeanor convictions may be restricted at any age, for no more than two misdemeanor convictions in a lifetime. Some offenses are excluded, including:

• Theft that is not shoplifting,
• Family violence battery
• Sexual battery, and
• DUI and other serious traffic offenses

Clearing an eligible conviction takes a petition to the court where the conviction happened. The person must have finished the sentence, have no pending charges, and have no new conviction for at least four years before filing, not counting minor traffic offenses.

Potential Benefits of Restriction

A person’s criminal record follows them in most aspects of their life. Whether a person is applying for a job, renting an apartment, or asking for a license to carry a firearm, a person’s criminal record will be checked. Many jobs and residences will not even consider a candidate if they have as little as an arrest on their records.

By successfully completing the record restriction process, these marks can be made invisible by all but the police and courts. This will allow people who have been on the right side of the law for the past few years to move on with their lives.

A Cherokee County expungement lawyer can help you with this process. They gather all the necessary information, put the paperwork together, and work to give individuals the best possible chance of making a fresh start.