How do you get an expungement in Georgia?

Answer 1

Do not break the law in Georgia. Georgia has very unforgiving laws when it comes to record clearing (pardons, expungement and record sealing).

The law in Georgia is not explicit on the subject of expungement. It does have some language restricting what criminal records can be expunged but it does leave room for interpretation. In the case of a "First Offender" you can have your record expunged (granted you stayed out of trouble and completed your sentence on time) after the judge signs off on final disposition and you provide that information to the GBI. In the case of a First Offender who had their status changed to "Guilty" as a result of non compliance with the terms of their case you may still be able to have the record expunged and your civil rights reinstated. In these cases the presiding judge can change your status back to that of a "First Offender" if you have proved to him or her that you deserve it.

In my own case the judge who presided over my trial did revoke my "F.O." status because I was caught driving on a suspended license. Ten years later, after having been a responsible member of society for the years since, I wrote a letter to the judge, the D.A. and the probation officer who signed off on the final disposition of my case explaining that I was sorry for having made the bad decisions that led to my arrest and asked if they would allow me to prove to them that I had truly learned my lesson and not only kept my own butt out of trouble but I also made it an important part of my life to help teach kids the benefits and rewards of helping others and following the law. The judge did eventually get back to me and we met in his office about two months later. He listened to me as I plead my case and showed him proof of my efforts be a better person. In the end the judge agreed that I was deserving of the expungement and he wrote a letter for me to attach to the new "revised" disposition papers giving back my "First Offender" status stating that he is restoring my status so that I may have the records expunged from the GBI and FBI databases. I sent these to the GBI and they made the expungement official.

All I want you to take from this is that you should never give up hope until you have done all the running around and made all the phone calls and written the letters and emails. You may be surprised of the power of positive change and how great its effect on your life can be.

Pardons are an option, but to say they are rarely granted is a gross understatement. Applying for a pardon is free of charge. You can download the application at the pap.georgia.gov site.

Be very cautious when dealing with any person or organization that charges you money and claims they can clear your record in Georgia. There are several slick scam artists on the internet who claim they can expunge or seal your record in Georgia. As with any legal assistance, if you are paying anyone, make sure they are a licensed attorney in the state where the court is located.

Answer 2

To request an expungement: You must have served the complete term of your sentence - then submit a petition to the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being viewed by the public. Law enforcement, the courts, and government agencies will always have access to your complete 'actual' record. Unless you are a resident of a state which completely restores your "rights," even after expungement your status will still remain that of a 'convicted felon' and you remain subject to any restrictions that status places upon you (voting rights - privilege of holding elective office - gun possession - etc). If you were convicted in FEDERAL court of a federal felony offense, the procedure is somewhat different.

Answer 3

First, you must determine if you qualify for expungement. It must be a Georgia conviction, NOT a federal conviction. Only ONE offense can be expunged, and certain offenses are not included.

See below link for further info:

Answer 4

Georgia does not allow convictions to be expunged.

You may be able to seek a pardon. Instructions are available on the Dept of Corrections home page.

Georgia only allows expungements for arrests that do not result in conviction. See the link below for more.

Answer 5

Georgia only allows expungements in very limited circumstances.

You can draft your own documents, or you can retain an attorney to assist. Documents and a basic guideline is available on the DOC's website.

Answer 6

Georgia looks like one of those states that don't like to expunge, much.

Who is eligible for an expungement?

1. A person who can show their records are inaccurate or incomplete.

2. A person with no conviction because charges disposed of or dismissed, has no charges pending, and has been not convicted of anything in U.S. in last five years, excluding incarceration time.

3. A juvenile if a petition alleging delinquency is not filed, or the proceedings are dismissed after either a petition is filed, or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4, or the child is adjudicated not to be a delinquent child.

Answer 7

You must first determine if your offense is eligible for expungement. Not all offenses are.

See below link:

Answer 8

get a good lawyer and pay a lot of money