Expungement Attorneys in Georgia
Expungement in Georgia
Like many other states, in Georgia your records are not truly destroyed in the expungement process. Instead they are sealed from public viewing, but still accessible to law enforcement and some agencies in certain circumstances.
You are eligible for expungement in Georgia if your case was dismissed or not prosecuted. You are not eligible if you took an Alford plea or entered “nolo contendere” for any charge. In these cases you may be eligible for a pardon if the offense was well in the past and you have not had any criminal offenses since that time. If your case was dropped prior to being formally charged (a case number was not assigned to your case) you may be eligible for a record restriction.
There are waiting periods for record restrictions. For misdemeanors you must wait two (2) years, felonies must wait four (4) years, and serious violent felonies or sexual offenses involving a victim under 16 must wait seven (7) years before applying.
For records involving child molestation, prostitution, sexual batter, theft and serious traffic offenses like DUI, vehicular homicide, or fleeing the scene of an accident, you will not be eligible for record restrictions.