Atlanta Expungement Lawyer

A criminal record has far-reaching, life-altering consequences. A person with a criminal record could face problems with keeping gainful employment, obtaining housing, getting loans, and more. When someone checks the background of someone with a criminal record, the burden to explain one’s history can be terrible. Luckily, Georgia allows for some individuals to essentially “erase” their record, with some exceptions. Continue reading to learn more about record restriction (formerly known as expungement) and record sealing, and contact a knowledgeable Atlanta criminal lawyer for assistance today.

What is Record Restriction in Georgia?

Record restriction in Georgia, formerly referred to as “expungement,” is a legal process that limits who can view a person’s criminal history on official background checks. In practical terms, it means that while the record still exists, it becomes invisible to most employers, landlords, and the general public. Only certain government agencies and law enforcement officials retain access. This allows individuals who qualify for restriction to move forward in life without the shadow of a prior arrest or charge holding them back. Not everyone qualifies for record restriction in Georgia. Generally, you may be eligible if your case meets specific criteria, such as:

• The charges against you were dismissed;
• You were found not guilty at trial;
• You completed a pretrial diversion or intervention program;
• You were convicted of certain misdemeanor offenses as a first-time offender and successfully completed your sentence.

However, some offenses, including serious violent felonies and sex crimes against minors, cannot be restricted. Additionally, you must not have a lengthy criminal history, and you must not have committed additional offenses during or after your original case.

What is Record Sealing?

Record sealing in Georgia is a related but distinct process from record restriction. While record restriction limits access to your criminal history, sealing your record goes a step further by physically removing the record from public files. When a record is sealed, it is placed in a confidential file that is not accessible to the general public, even through government background checks in most cases. For all practical purposes, it is as though the incident never occurred. Record sealing is typically available in limited circumstances, such as the following:

• When a person’s record has been restricted and they meet additional sealing qualifications;
• When an individual was wrongly arrested or charged due to mistaken identity or lack of probable cause;
• When a juvenile has successfully completed their sentence or probation and has demonstrated rehabilitation.

It is important to note that record sealing does not happen automatically after record restriction. It requires a separate petition to the court and a showing that sealing the record serves the interests of justice. As with restriction, certain offenses are not eligible for sealing, and the court has discretion in granting or denying the request. Sealing your record can open even more doors to employment, education, housing, and other opportunities that might otherwise remain closed.

What is the Process for Both?

The process for obtaining record restriction and record sealing in Georgia involves several important steps, each of which must be handled carefully to avoid unnecessary delays or denials.

1. Determining Eligibility: First, it is crucial to determine whether you qualify for record restriction or sealing under Georgia law. Eligibility depends on the outcome of your case, the type of charges involved, and your overall criminal history. Consulting with a knowledgeable expungement lawyer can help you understand your options and chart the best path forward.
2. Filing a Request for Record Restriction: If you are eligible for restriction, the next step is to submit a request to the appropriate agency. In cases where the arrest occurred before July 1, 2013, you must submit your request to the arresting agency and pay a fee. For arrests after that date, the prosecutor’s office typically initiates the process automatically if you qualify, but if they do not, you may still need to request it formally.
3. Prosecutor Review and Decision: Once the request is submitted, the prosecutor’s office reviews the case file to determine whether restriction is appropriate. If approved, the record will be restricted with the Georgia Crime Information Center (GCIC) database, meaning it will no longer appear on most background checks.
4. Petitioning for Record Sealing: If you wish to have your record sealed after restriction, you must file a separate petition in the court where your case was handled. The petition must outline why sealing is appropriate and how it would benefit you. A hearing may be scheduled where you and your attorney can present your case to a judge.
5. Court Review and Order: The court will consider several factors, including the nature of the offense, the time that has passed, and any evidence of rehabilitation or hardship caused by the existence of the record. If the court agrees that sealing is justified, it will issue an order directing the appropriate agencies to seal the record from public view.

Contact a Cobb County Expungement Lawyer

If you’re ready for your fresh start, don’t wait–simply contact an experienced and skilled Atlanta expungement lawyer from Williamson Legal today. We have helped clients obtain the clean slate they need to move on with their lives for years, and we’re here to do the same for you.