Expungement Lawyers Near Me: Georgia Expungement Attorneys
Expungement refers to a legal process by which an individual can seek to have an arrest or conviction removed from her or his criminal record. Our expungement lawyers in Atlanta GA will answer many pressing questions about what crimes (under Georgia law) can be expunged in the Peach State.
Our three Super Lawyers include a former law enforcement officer, a 25-year criminal defense lawyer who has handled no cases except criminal defense in his career, along with one of Georgia's highest rated DUI lawyers, William C. Head, a 46-year attorney in Georgia.
At the end of this article, you'll be ready to contact an expungement lawyer in Georgia today to discuss your case, at no cost for the initial interview, when we go over your eligibility. When expungement lawyers work with the district attorney (or other prosecutor inn GA) to clear your Georgia criminal history, this is conducted in a defined and very precise legal process.
Once our legal professionals know your criminal history, the process (under Georgia state laws) can then begin. Our expungement lawyer near me will help you expunge criminal records in state of GA, which are eligible. However, be aware that the federal NCIC criminal record remains intact.
For those who have eligible offenses, our expungement lawyers can expedite your Georgia expungement application. In completing this, most future job applications and background checks will no longer show a record of you pleading guilty or being found guilty at trial.
Since our initial legal advice is free to you, it makes good sense to let our criminal justice professionals handle expungement in DeKalb County GA, or a Fulton County expungement, Cobb County expunction or for a Gwinnett County criminal history.
How to Get your Record Expunged in GA
For Georgia expungement, the process more accurately described as being "the Record Restriction process." This term for expungement in Georgia is more proper because the notion of "expungement" implies that the records are completely destroyed from existence, which they are not.
On January 1, 2021, Georgia law was altered to allow certain prior convictions for certain felonies and certain misdemeanors to become eligible for a record restriction under OCGA Section 35-3-37. The Georgia General Assembly did this by passing SB 288, which was a continuation of the excellent work former Governor Nathan Deal started in 2010.
Below, the following questions are answered:
- What crimes can be expunged? Many misdemeanor and felony crimes are eligible.
- Can I expunge misdemeanors in Georgia? Yes, with certain limited exceptions.
- Can a DUI be expunged? One of our law firm's most common questions on expungment is "can you expunge a DUI in Georgia? So far, no you cannot. Any DUI case is barred from being expunged. No Georgia DUI conviction has been allowed to be removed, on any DUI in Georgia
However, a trend for states starting to allow expunction has begun in Mississippi, and most recently in Michigan under their first offense expunction law for OWI misdemeanors. The legislation in these two conservative states may be a harbinger of good things to come.
- Can a felony be expunged? In addition to many misdemeanor convictions, some felony crimes are also eligible. So, the answer to, “can you get a felony expunged?” is maybe. That is why our law professionals permit you to obtain a FREE consultation lawyer meeting (or phone conversation) to review these options, in detail.
- How to get your record expunged in Georgia? You could try to do it yourself, or get help from a legal professional.
How to Expunge your Criminal Record in Georgia Courts
What happens in GA is that access to an individual's records is restricted in that these court records can only be viewed by certain government agencies or authorized entities. This continued access is required due to certain State laws that are targeted to repeat offenders.
If you are looking to understand more of the process of record restriction, you should contact a Georgia expungement lawyer right away. A skilled criminal attorney can help explain the requirements for record restriction and get you started.
Record Restriction Process: How do you get your Record Expunged in GA?
Georgia code governs the process for record restriction in Georgia. The process for record restriction in Georgia depends on the date of the arrest. For arrests that occurred before July 1, 2013, the individual must apply for record restriction at the arresting agency and submit the proper filing fees.
For arrests occurring after July 1, 2013, there is no application process. Instead, the prosecutor will determine if restriction is proper under the circumstances as soon as a disposition is entered in the defendant's case. If the prosecutor does not decide to restrict the post-July 1, 2013, arrest, then the defendant may file a motion with the court to have the matter restricted.
What Are the Grounds for Record Restriction?
Record restriction in Georgia is available with the help of a Georgia expungement lawyer in the following circumstances:
- Charges that are never filed within the statute of limitations;
- Where a total acquittal of all charges occurs; and
- First offender dispositions and any drug conditional discharge cases.
Many additional exceptions exist to these general rules. That is why our lawyer suggest making the call today.
Please note that record restriction may not be possible if the convicted person had been granted some form of immunity from prosecution in a criminal case. Likewise, if a person convicted in the Peach State was involved with similar criminal activity in a different jurisdiction (state), eligibility may be denied.
The Legal Effect of a Record Restriction
An expungement is not an official pardon or forgiveness for the criminal act. Only the President of the United States or the State Governor can issue a formal pardon.
If an individual is successful in getting a criminal record expunged, the result is that the conviction or arrest record is removed from public records. Accordingly, the court will treat the conviction or arrest as if it had never happened.
However, it is important to note that the expungement relates to court records only. It is not a court order for anyone who may have posted to social media to remove the information. Google or other online sources may still show news stories that were released relating to the arrest or conviction.
An individual must take additional steps to remove these items from public record, if possible, to maintain a sense of privacy. In addition, government agencies and other authorized entities may still be able to obtain and access your records of an expungement when investigating other suspected criminal acts.
Step 1: Contacting an Experienced Georgia Expungement Attorney
If you were charged or convicted of a crime and believe you are eligible for expungement, contact an experienced Georgia record restriction attorneys at our firm today. A skilled Georgia expungement lawyer with Kohn & Yager LLC will be happy to discuss your expungement case with you and help you understand the Record Restriction process in Georgia.
They have helped many hundreds of clients clear his or her criminal records. Our criminal law attorneys are familiar with the requirements to properly file for expungement. Not all lawyers in Georgia handle these legal matters.
Do not hesitate to call us at 404 567-5515 for your FREE lawyer consultation. About 90% of these inquiries can handled via phone call or virtual meeting, or you can meet with our lawyers in person at our Sandy Springs headquarters.
Why delay? Contact us to get the ball rolling. The free phone call means that you have everything to gain, and nothing to lose.