Fulton Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

Fulton Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed: A Comprehensive Overview In Fulton County, Georgia, individuals who have had criminal charges dismissed from their record may be eligible to file a Motion to Expunge their Criminal Offender Record. Expungement is the legal process of erasing or sealing criminal records, thereby removing any trace of the dismissed charges from public view. The Motion to Expunge is a formal request submitted to the Fulton County Superior Court, seeking the elimination of all records related to the dismissed charges. This process allows individuals to regain a clean slate and move forward without the burden of a criminal record hanging over their heads. The Motion to Expunge in Fulton County is governed by specific laws and regulations outlined in Georgia Code §35-3-37. To successfully file a Motion, certain criteria must be met. The charges must have been dismissed officially by the court, meaning that the defendant was not convicted or found guilty. Additionally, a specified timeframe since the dismissal may need to pass before becoming eligible for expungement. Different Types of Fulton Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed: 1. General Motion to Expunge: This type of Motion is the standard procedure for individuals in Fulton County who have had their criminal charges dismissed without being convicted or found guilty. It applies to a wide range of cases and offers an opportunity for individuals to clear their record completely. 2. Felony Motion to Expunge: Felony charges are more severe than misdemeanors, and their dismissal may require a separate type of Motion to Expunge. This specialized Motion caters to individuals who have had felony charges dismissed, aiming to remove the stigma associated with serious offenses from their record. 3. Drug-related Charges Motion to Expunge: Fulton County residents with drug-related charges that have been dismissed may be eligible for a specific Motion to Expunge. The court acknowledges the societal and personal impact of such charges and provides a mechanism to expunge these records, offering a chance for individuals to reclaim their reputation and future prospects. Submitting a Motion to Expunge is a multi-step process in Fulton County. It includes completing the necessary paperwork, providing supporting documentation, and paying applicable fees. It is essential to consult with an experienced attorney who specializes in criminal law to ensure all the requirements are met and to maximize the chances of a successful expungement. Once the Motion is filed, the court will review the application, supporting evidence, and any objections raised by interested parties, such as the prosecution or law enforcement agencies. If approved, the court will order the expungement of the criminal offender record, effectively erasing all mention of the dismissed charges from public databases and official records. In conclusion, the Fulton Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed is a legal avenue available to individuals who have had their criminal charges dismissed. By successfully navigating the expungement process, individuals can restore their reputation and future prospects, eliminating the negative impact of past allegations.

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FAQ

The process requires a petition with a judge, and then the judge signs off on whether or not they will allow the record to be sealed. Records remain available for law enforcement.

Under Section 35.3-37, not all criminal charges are eligible for restriction. As a general rule, felonies convictions are ineligible, including (but not limited to) convictions for child molestation, sexual assault, sexual battery, certain theft crimes, and certain serious traffic offenses.

Next Steps. GCIC usually processes complete record restriction applications within 2-3 weeks. You will receive a letter of completion in the mail confirming that the arrest has been restricted in the law enforcement database.

In order to seal the court paperwork, a petition must be filed with one of our judges to have the court paperwork sealed. This service will be provided on site. You may fill out an application with our Record Restrictions Unit to inquire about sealing your record under O.C.G.A. § 35-3-37(m).

All misdemeanors are eligible for expungement except (OCGA 35-3-37(j)(4): Family violence simple assault, simple battery, or battery. Family violence stalking. Violating a family violence order. Child molestation (OCGA 16-6-4) Enticing a child for indecent purposes. Improper sexual contact by employee or agent.

The arresting agency or prosecuting attorney's office may charge fees of up to $50 to process the request. The Georgia Bureau of Investigation's Georgia Crime Information Center (GCIC) also requires a fee to process the records restriction in their state database.

Luckily, there is a process known as expungement in some places, and referred to as record restriction in Georgia, that allows you to restrict certain elements of your official criminal history from public view.

Luckily, there is a process known as expungement in some places, and referred to as record restriction in Georgia, that allows you to restrict certain elements of your official criminal history from public view.

How to Restrict (Expunge) a Felony Charge When Only Convicted of an Unrelated Misdemeanor and Seal the Court Records You were arrested within the last four (4) years; You were charged with a felony offense(s) but not convicted of the felony; You were convicted of an unrelated misdemeanor(s) in the case; and.

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S it possible to get your arrest records expunged in Georgia? Our legal expert explains the steps.Unfortunately, a Georgia DUI conviction on your criminal record can never be expunged. Arrest records "shall" be sealed on petition to court if no charges are filed within one year, § 16-90-1409, if charges dismissed, or if no conviction obtained. Why is sealing a criminal record important? Who has to register as a sex offender in Georgia? You have to wait 180 days after the arrest or from the date when the charges were dismissed before you are able can file a petition for expungement. If your records have been sealed, it might be tempting to answer in the negative. Is the charge a non-‐conviction (withdrawn, nolle prossed, dismissed, not guilty)?. A. A Miniscule Proportion of Juvenile Records Are Expunged.

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Fulton Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed