Can a Criminal Record Be Cleared in Georgia?
Some criminal records can be cleared (or expunged) in the State of Georgia, but others cannot. The factors that determine whether your record can be cleared hinge on the severity of the crime, past criminal history, and beyond. While many misdemeanors can be cleared, most felonies cannot.
Having a criminal record can lead to serious ongoing consequences, which makes it a good idea to consult with our experienced Cumming criminal defense attorneys at Banks, Stubbs & McFarland early on.
Expungement Restricts Public Access to Criminal Records in GA
In GA, expungement restricts the public’s access to the cleared file. Restricted records, however, are not permanently deleted or destroyed, and criminal justice agencies and judicial officials retain access.
Where you file for record restriction in Cumming depends on factors like the following:
- Whether the arrest was made before or after July 1, 2013, when the law shifted from expungement to record restriction
- Whether the charge is a misdemeanor or a felony, and the eligibility attached
- The outcome of the case
- The jurisdiction, which requires filing the petition in the court where the charge was originally heard
The bottom line is that record restrictions are legally complicated, and it’s always in your best interest to have skilled legal representation backing you up.
Some Expungements in Cumming Are Automatic
Georgia automatically expunges some records. The circumstances that support automatic expungement, however, are narrowly defined, and the process is not foolproof. The arrest records that should lead to automatic expungement are limited to those that don’t result in prosecution. The timeline that applies includes the following:
- Two years for misdemeanors
- Four years for felonies
- Seven years for serious violent felonies and felonies that are sex-related
It’s important to note here that having an arrest automatically expunged does not mean that the prosecution can’t revisit your case.
Criminal Records that Are Generally Eligible for Expungement
When it comes to clearing a criminal charge, the matter is addressed on a case-by-case basis. Generally, however, cases like the following are eligible for record restriction:
- Cases that don’t lead to a conviction, including those that are closed, dismissed, or placed on a dead docket
- Instances when a felony charge against the defendant is dismissed, but an unrelated misdemeanor charge prevails
- Certain misdemeanor charges faced by those under the age of 21 (qualifying factors, however, apply)
Georgia’s Second Chance Law
Georgia passed its second chance law in 2020, and it took effect in 2021. This legislation expands the list of misdemeanor offenses eligible for expungement in the state and can have an immense impact on the lives of those who qualify.
Reach Out to Our Experienced Cumming Criminal Defense Attorneys Today
Our persuasive Cumming criminal defense lawyers at Banks, Stubbs & McFarland have extensive experience successfully navigating the expungement process, and we welcome the opportunity to help you as well. For more information, please don’t delay contacting us online or giving our firm a call at 770-887-1209 today.












