Expungements

INTRODUCTION

Expungements

As defined by the American Bar Association, “to ‘expunge’ is to ‘erase or remove completely.’” In the law, “expungement” is the process by which a defendant’s record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it has never occurred. This essentially will remove it from the defendant’s criminal record and the public record.In Georgia, the law changed as of July 1, 2013 on how to have your record restricted (expunged). It is important to have the proper assistance in navigating this process. 

 Each State also has its own laws and procedures for whose records are eligible for expungement, and which offenses may be expunged. Like most areas of the law, this is not a “one shoe fits most” area. With our assistance, we will be able to help navigate this process in order for your record to be expunged. 

Georgia’s First Offender Act

If you are sentenced under Georgia’s First Offender Act and successfully complete your sentence, you will not have a conviction and the charge will be sealed from your official criminal history. You will want to utilize an attorney’s assistance with this as it is important to utilize this act prior to sentencing. However, not every charge is eligible for this Act. You are not eligible for Georgia’s First Offender Act if your charges are: related to child pornography, is a DUI, is related to a crime against a law enforement officer, is a violent felony, is a serious sexual offense, is related to sexual exploitation of a minor, or if you have even been convicted of a felony prior ( in any state).