Getting through the expungement process in Georgia might seem tricky, but once you know the main points, it becomes much easier. This guide breaks down everything about expungement, including who can apply, how much it costs, and the steps you need to follow. Whether you need to clean up a small offense (misdemeanor) or a more serious one (felony), this guide will show you what to do and what to expect.
What is Expungement in Georgia?
In Georgia, expungement is also called “record restriction.” It means making your criminal record private so that the public can’t see it. It’s important to understand that expungement doesn’t completely delete your record. Instead, it hides your record from most people, like potential employers or schools, making it easier for you to get jobs and access other opportunities.
What Crimes Can Be Cleared?
Not every crime can be cleared from your record. Generally, smaller crimes (misdemeanors) and some bigger crimes (felonies) might be cleared if:
- The court dropped the charges,
- The court didn’t take the case to trial, or
- You were found not guilty.
What Happens If Your Charges Were Dropped?
If your charges were dropped or you were found not guilty, you might be able to clear your record. This means that the crime you were accused of won’t show up on background checks including fingerprints anymore.
Does Your Past Matter?
Yes, it does. If you’ve been found guilty of other crimes after the one you want to clear, it might affect your chance to clear your record. Each crime is looked at separately, so having a new crime on your record could make it harder to clear the old one.
Steps to Apply for Expungement in Georgia
- Determine Eligibility: Review the specific criteria for expungement in Georgia to ensure that your case is eligible.
- File a Petition: You must file a petition for record restriction with the appropriate court or agency. This includes providing the necessary documentation and evidence supporting your eligibility.
- Review by Prosecuting Attorney: The application is reviewed by the prosecuting attorney, who decides whether to approve the expungement based on legal criteria and public interest.
- Final Processing: If approved, the application is submitted to the Georgia Crime Information Center (GCIC) for the final restriction of the record.
Costs Associated with Expungement in Georgia
- Application Fees: There is a standard fee of $25 per request. This fee is required for processing the application and is non-refundable.
- Additional Costs: Depending on the county, there may be additional fees for obtaining copies of the criminal record and other legal documents. These fees can vary.
- Attorney Fees: Hiring an attorney is not mandatory but recommended. Legal fees can range between $250 and $500 on average, but this can vary based on the complexity of the case and the attorney’s expertise.
Benefits of Expungement
- Employment Opportunities: Expungement can significantly improve your chances of securing employment, as most employers will not be able to see your criminal record2.
- Housing and Education: Similarly, expungement can make it easier to secure housing and educational opportunities.
- Personal and Emotional Relief: Achieving expungement can provide a sense of closure and personal relief, allowing individuals to move forward without the burden of a past criminal record.
Conclusion
Expungement in Georgia is a valuable process for those eligible to clear their records and embrace new opportunities without the shadow of past criminal charges. Understanding the eligibility criteria, process, costs, and benefits is crucial for anyone considering this legal avenue. For the best outcome, consulting with a legal professional who specializes in criminal law in Georgia is advisable.
