A criminal record can follow you throughout your life and have serious consequences. For example, a record can affect your job opportunities, housing options, and even custody arrangements. Luckily, you may be able to have your criminal record restricted. Read on to learn more about record restrictions in Georgia.
What is Criminal Record Restriction?
If your record is restricted, your official criminal history report will be restricted from public view and only accessible to law enforcement agencies for criminal justice purposes.
Who is Eligible for a Record Restriction?
Georgia has a strict policy regarding record restrictions. You may be eligible for a restriction in the following cases:
Non-Convictions
Generally, cases that are closed without conviction qualify for restriction. Verdicts of not guilty and vacated or reversed convictions may also be eligible for restriction.
Juvenile Offenders
If you were charged with a misdemeanor under the age of 21, you may be able to have this charge restricted. In order to be eligible, you must have successfully completed your sentence. Once you request a restriction a judge will look at your record and if you have any charges within the last five years of your request you will not qualify.
Charged With a Felony, but Convicted of an Unrelated Misdemeanor
You may be able to have a felony charge restricted if it was closed without conviction, and you were only convicted of an unrelated misdemeanor offense. It is important to know that you are not eligible for restriction if you were convicted of a lesser included offense of the felony charge.
What Crimes Cannot be Restricted?
There are many crimes that will not be eligible for restriction, including:
- Sex crimes against children
- Pimping and pandering
- Crimes against minors
- Sexual battery
- Peeping tom crimes
- Family violence battery convictions
- Child molestation
- Public indecency
- Obstructing or hindering persons making an emergency telephone call
- Certain theft cases
- Certain DUI cases
- Murder
- Armed robbery
- Kidnapping
- Rape
- Child molestation and aggravated child molestation
- Sodomy
- Aggravated sexual battery
- Aggravated assault with the intent to rape
- False imprisonment
- Enticing a child for indecent purposes
- Sexual assault against persons in custody
- Incest
- Sexual exploitation of children
If you have a criminal record and you are interested in restricting it, reach out to our firm today. We are here to advocate for you and walk you through the process every step of the way. The sooner you reach out, the sooner we can begin the process.
Contact Our Experienced Firm
We at the Miller Law Practice understand that people make mistakes. We are here to fight for you throughout all of your criminal law matters. Do not hesitate to contact our firm today and speak with an experienced and dedicated criminal defense attorney.