Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Georgia Expungement Handbook - Procedures and Law
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How to fill out Expungement Handbook - Procedures And Law?
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FAQ
Under the new record restriction/expungement law, anyone can restrict a misdemeanor conviction as long as they haven't been convicted of anything but a minor traffic offense in the last 4 years. Some charges are not eligible and there are limitations ? see additional details below.
If you were arrested but never charged with a crime, your record will automatically be restricted after two years for a misdemeanor, four years for most felonies, or seven years for serious violent or sex-related felonies.
If your arrest occurred on or after July 1, 2013, reach out directly to the prosecuting attorney's office of the county where your arrest took place. Your application does not have to be processed first by the arresting agency. The prosecuting attorney's office will either approve or deny your request within 90 days.
Most misdemeanor convictions are eligible for expungement, but an individual can seek expungement for a maximum of two separate misdemeanor convictions. Serious Felony convictions such as armed robbery and aggravated stalking are not eligible for expungement.
As of 2021, Georgia's Second Chance Act enables you to restrict and seal the records of most types of misdemeanor convictions, as long as four years have passed since you completed your sentence, and you have not gotten any new convictions during that time.
Key Excluded Misdemeanor Offenses DUIs. Sexual battery. Child molestation or other abuse.
Don't forget these 5 fast facts about Georgia's new criminal record clearing law! This is a first for Georgia. Before this new law, almost all convictions stayed on your record for life. As of 2021, you can now petition the court to restrict and seal (expunge) certain convictions from your record.