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 (officially governed in Georgia as “record restriction” under O.C.G.A. § 35-3-37), 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, provided your case meets the statutory criteria established by the Georgia General Assembly.

Eligibility for Non-Convictions and Unindicted Arrests

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 and no formal indictment or accusation is filed, you must wait four years. If the crime is more violent, or classified as a serious violent felony under Georgia law, you must wait seven years.

Eligibility for Felony Convictions, First Offenders, and Pardons

However, if you were convicted, the process can be more involved. Typically, only those who are first-time felony offenders sentenced under the Georgia First Offender Act (O.C.G.A. § 42-8-60) or Conditional Discharge statutes, or who have received a pardon from the Georgia State Board of Pardons and Paroles with record restriction authorization under O.C.G.A. § 35-3-37(j)(7), can have their conviction sealed. Additionally, violent crimes like murder, sexual battery, armed robbery, or rape and other serious violent felonies under O.C.G.A. § 17-10-6.1 cannot be expunged.

How Georgia Record Restriction Differs From Expungement

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, visible to law enforcement officers, prosecutors, and judicial authorities, 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 or submit an application to the arresting law enforcement agency, depending on whether the arrest occurred prior to or after July 1, 2013. 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.

Step-by-Step Overview of the Georgia Record Restriction Process

If you are considering sealing your criminal history in Georgia, it’s important to understand that this process requires strict compliance with both administrative rules and court procedures in accordance with Georgia law.

  • Obtain an official copy of your criminal history report from the Georgia Crime Information Center.
  • Determine if your disposition qualifies as an automatic restriction or requires a manual petition in accordance with O.C.G.A § 35-3-37.
  • Draft and submit a Motion to Restrict and Seal Criminal Records through the Superior Court in the county where the arrest occurred.
  • Serve the District Attorney’s office and the arresting agency with a formal notice of the petition.
  • You will attend a judicial hearing at which point you can present evidence if required by the presiding judge to demonstrate that public interest is outweighed by harm to the petitioner.

Contact an Experienced Cobb County Criminal Defense Attorney

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. Contact our team today to learn how we can help fight for you.