Having a criminal record can be a major hindrance that can ruin your chances of obtaining employment, receiving financial aid, and finding housing. Fortunately, with the aid of a Fulton County expungement lawyer, you can have items on your record expunged.
When items on a criminal record are expunged or restricted, only law enforcement and government agencies should have access, not private citizens or corporations, meaning you may no longer have to worry about invasive background checks that expose details from your record. If you believe you could benefit from having events on your record expunged or restricted, speak with a distinguished criminal attorney.
What Does Expungement or Record Restriction Accomplish?
As mentioned above, having a criminal record restricted should prevent the general public from accessing information about them. Expungement can also prevent curious individuals from uncovering information about certain aspects of a criminal past online.
Security personnel, law enforcement agents, and judicial agencies will still have access to the full records, but the expunged details of past alleged crimes will not be accessible during standard background checks. If a person wishes to have items on their record expunged or restricted, they need to petition the court, and if the judge approves the request, certain elements of their criminal record will be restricted.
Expunging or redistricting can often remove arrests, especially if they were dismissed or never reached the office of the state prosecutor. Hiring a Fulton County record restriction lawyer can help an alleged offender get their record expunged, even after a denial. In Georgia, restriction, and expungement mean the same thing.
Record Expungement and Restriction Eligibility
If an alleged offender wants items on their record expunged or restricted, they need to submit a petition to the court on the request. If a request is granted, the information can be removed within a few weeks. This can be immensely beneficial, but for a conviction or arrest to be removed, the following standards must be met.
- The event is not currently on record in a court file
- The event was dismissed by a court
- The person requesting expungement is not facing prosecution in the future
- The conviction was entered under first offender or conditional discharge
If a person and their convictions meet the standards above, there is a strong possibility their request will be granted. However, the law can be complex, and if a person does not have a Fulton County expungement lawyer to help them navigate the process, they can find themselves at a distinct disadvantage.
Denial of an Expungement or Restriction Request
Not all individuals will be eligible for record expungement. The following factors can lead the prosecution to deny an expungement request in Georgia:
- If a person was convicted or plead guilty generally there is a restriction
- Criminal conviction after a trial by jury
- Being prosecuted for a similar charge in another court
- Entering a plea of “first offense” or “no contest”
- Not being prosecuting while in jail for fiscal reasons
- Perjury or witness tampering charges
- Motion to suppress granted
- Witness unavailability
When a request is denied, there are ways to fight back. By hiring a Fulton County record restriction lawyer to challenge the decision of the prosecutor, an alleged offender can possibly have their original denial overturned.
Contact an Attorney
If you are considering having your record expunged or restricted or you have been denied by the office of the prosecutor, it would be in your best interest to speak with a Fulton County record restriction lawyer. They understand the complexities of expungement laws, and will work hard on your case.