The presence of a felony arrest, charge, or conviction on your criminal record can have immeasurable impacts on your life. As such, you may wonder if it’s possible to have the charges on your record removed. This process, known as expungement, is incredibly complex and often difficult to navigate successfully. As such, if you wish to expunge a felony from your record, you’ll want to keep reading the following blog to explore what you should know about these matters, like who is eligible, what the process entails, and why connecting with a Cobb County criminal defense lawyer can help you fight for the best possible outcome for these circumstances.
Who Is Eligible to Expunge a Felony Offense?
In Georgia, there are restrictions as to who can have a criminal record expunged. Though there are a number of felony convictions that cannot be expunged, there is a considerable amount that can be restricted from your record.
If you were arrested but never charged, or charged but the case against you was dropped or you were found not guilty, you’ll be eligible to have the charges expunged from your record. It’s also important to understand that if you are arrested but never go to trial, you must wait four years. If the crime is more violent, you must wait seven years.
However, if you were convicted, the process can be more involved. Typically, only those who are first-time felony offenders or who have received a pardon can have their conviction sealed. Additionally, violent crimes like murder, sexual battery, armed robbery, or rape cannot be expunged.
It’s important to note that, in Georgia, a criminal conviction is not erased from your record if you seek to expunge information. Instead, this state uses sealing and restricting. Essentially, this limits who can access your criminal background information. As such, the charges will still be there, but will not appear on your record when an employer or landlord runs a background check.
What Does the Expungement Process Entail?
If you want to have a charge removed from your record, understanding the steps involved in this process is critical. Generally, you’ll find that the first thing you must do is file a petition through the court to have this information removed from your record. You’ll need to provide evidence as to why this information should be sealed. A judge will examine all information and relevant details before issuing a decision on this matter.
When a felony is hindering your ability to live your life, it’s in your best interest to connect with an experienced attorney who can help you fight for the best possible outcome. At Miller Law Practice, our firm understands how complicated these matters can be. That is why our firm will do everything possible to assist you through these challenging matters. Connect with our team today to learn how we can help fight for you.