How much does expungement cost in Georgia?

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.

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Motion for New Trial for Purpose of Expunging Criminal Record

Fulton Georgia Motion for New Trial for Purpose of Expunging Criminal Record

Name: Fulton Georgia Motion for New Trial for Purpose of Expunging Criminal Record
Brand: US Legal Forms
Rating: 4.58 (483 reviews)

Category:

Criminal - New Trial

State:

Multi-State

County:

Fulton

Control #:

US-02609BG

Format:

Instant download

Description

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.

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FAQ

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).

Your criminal record will not be permanently deleted or destroyed and will still be available to judicial officials and criminal justice agencies....File Request to Expunge a Criminal Record Get Prepared.Gather What You'll Need.Apply to Restrict Your Criminal Record.Restrict Your Records.Next Steps.

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.

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.

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.

STEPS DURING AN APPLICATION If the Director-General is satisfied that a person meets the requirements, he or she will issue a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expungedthis process takes 3 months.

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.

For felony convictions, a person must apply for and receive a pardon for the offense before he or she is eligible to petition the court for expungement.

The process can take up to 150 days and is as follows: Contact the arresting law enforcement agency for the requirements to restrict a record.

More info

A motion is a written request to the court to take an action. How to Expunge a Criminal Record in Georgia.Longer be used in the context of the Uniform Superior Court Rules. Not all criminal records can be restricted in the state of Georgia. Criminal Court Record. This is a Step-by-Step Guide for filling out expungement forms for a criminal case that was handled in a State of Minnesota. The petition must be filed in the Superior Court in the original county that handled the misdemeanor. It must be served on the prosecutor. 7) A requestor refuses to use our request form and sends numerous e-mails with requests for records. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203.

Fulton Georgia Motion for New Trial for Purpose of Expunging Criminal Record

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