How to Expunge Your Criminal Record 

While Georgia doesn’t use the word expungement, there are particular circumstances in which you can have your record restricted and sealed. This generally means that only law enforcement and certain government agencies retain access to the information, which can help seriously limit the damaging social consequences of having a criminal record. Explore your options by contacting experienced criminal defense attorneys today.

Essential Points to Keep in Mind

If you have your sights set on expungement, it’s essential to keep the following points in mind:

  • Not all criminal records are eligible for restriction and sealing in Georgia, and even some misdemeanor charges, such as for domestic violence, are off-limits.
  • You can only seek restriction and sealing for a total of two separate misdemeanor convictions in the State of Georgia.
  • Eligibility hinges on factors such as whether you have a prior history, the severity of the charge, and how it was resolved.
  • Even if restricted and sealed, the record can still be accessed by law enforcement.
  • In 2021, Georgia passed the Second Chance Act, which increased eligibility for restriction and sealing of some misdemeanor convictions.

Expungement is a complex legal matter which makes it in your best interest to proceed with well-respected criminal defense lawyers on your side.

If the Charge against You Was Dismissed

Suppose the charge against you was ultimately dismissed. In that case, if you were never prosecuted, or if the case resulted in an acquittal, which means you weren’t found guilty, the matter is eligible for restriction and sealing or for what many people call expungement. The same is true if you were pardoned for the charge, other than for felonies based on serious violence or sex offenses.

If the Charge Is a Misdemeanor

For many misdemeanor convictions, you may be eligible to seek expungement. The requirements include that it has been at least four years since you completed your sentence, and during that time, you didn’t acquire any additional charges.

If the Charge Is a Felony

Felonies are even more challenging to restrict and seal. Generally, you must have been pardoned for a felony to be expunged in Georgia, or you must qualify under the First Offender Act. In some instances, this allows a first felony conviction to be treated like a misdemeanor. For this to happen, however, you must have completed any probation requirements and must have no new or pending charges on your record.

Felony charges related to any of the following are not eligible under the First Offender Act:

  • Serious violent felonies
  • Sex crimes
  • Charges involving child sexual abuse material
  • DUIs
  • Certain violent acts against law enforcement that result in injury

Any prior felony conviction – regardless of the state – disqualifies you for the First Offender Act.

Discuss Your Case with an Experienced Criminal Defense Lawyer Today

Many misdemeanors and some felony convictions can be restricted and sealed in Georgia, and if this applies to you, it can make a big difference in your future. The proactive Cumming criminal defense attorneys at Banks, Stubbs & McFarland are committed to helping you clear your record for a better tomorrow. Contact us online or call us at 770-887-1209 today.