Georgia expungement applies only to arrests that were subsequently dropped without charges. The Request for Expungement in Georgia must follow a particular format and procedure.
Georgia requires the original prosecuting attorney to sign off on record expungements before the GCIC actually completes the task of expunging records. Once this is done, the agency that arrested you is required to destroy fingerprint cards, photographs, and documents relating to your arrest.
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If the arresting agency denies your request to expunge an arrest record, you have the right to file an action in the Superior Court with jurisdiction over the agency. The arresting agency's decision to deny your expungement request will be overturned if you can show that your case meets all of the following criteria:. If an indictment or accusation was filed, then your record cannot be expunged if the charges were dead-docketed or otherwise dismissed because of any of the following reasons:. The prosecutor or Georgia state attorney general will always have the right to appeal if your expungement request is granted despite the presence of the one of the above reasons, while you always have the right to appeal if your expungement request is denied despite the absence of any of the above reasons.
Despite the numerous requirements for and restrictions on getting your record expunged, Georgia expungement doesn't provide an absolutely clean slate. Expunging your record in Georgia only removes evidence of your arrest from the Georgia State Police's public records, so that for private citizens seeking access to your record, such as employers, it will seem as though your arrest never happened, and you'll be able to go about your life accordingly.
However, getting your record expunged in Georgia is not easy, and not everyone — even those who meet the basic requirements — will get one. Juveniles who are arrested in Georgia typically have fingerprints and photographs on file with the arresting agency, even if the juvenile is subsequently not charged with any crime. This is temporary, however, and as soon as the case is disposed of it will reappear on the criminal record. Thus, if your case has exceeded the statutory time limits you may find that an arrest is not showing up when your employer runs your record.
Be aware that this is a temporary restriction and it will likely reappear. Where the prosecutor has filed charges, but later ALL of those charges are dismissed or the defendant is acquitted of all charges after trial, the case may be eligible for automatic restriction.
Cases sentenced under conditional discharge may enjoy the same status. Similarly, cases completed through the drug court or mental health court can be restricted as long as the client is not arrested for five subsequent years. If the client entered a plea to a charge, even though all the original charges were dismissed, he is NOT eligible for restriction.
Further, if the case was dismissed because the prosecutor was prohibited from using certain evidence at trial then the case will not be eligible for restriction.
Restriction by Petition. It is important to be mindful of the difference between automatic restriction and restrictions that occur by petition. Felony Charge Dismissed. This must be done within 4 years of the original arrest.
- Expunging or Sealing Adult Criminal Records in Georgia.
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The Petition must be served both on the arresting agency and the prosecutor. Conviction Vacated or Reversed. If the client was originally convicted, but that conviction is later vacated or reversed, and the case has not been retried in over 2 years from the date of the reversal, then a petition may be filed with the Superior Court in the county that handled the case and it must be served on the prosecutor. Dead Docketed.
Similarly, where a case has been dead docketed for more than 12 months, a petition for record restriction may be appropriate.
Expunging or Sealing Adult Criminal Records in Georgia | postrehuacolte.tk
It should be served on the prosecutor and filed in the Superior Court in the county where the case is pending. The court must consider the reasons why the case was dead docketed. If there is an active arrest warrant for the petitioner, the court will deny the petition for record restriction. Under What about crimes committed by a youthful offender?
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If a client had committed a misdemeanor when he was under 21, he may be eligible for record restriction. The petition must be filed in the Superior Court in the original county that handled the misdemeanor.