What is Record Expungement?
Record expungement in Atlanta, Georgia, refers to the legal process of having certain criminal records sealed or erased from public view. Expungement effectively removes the record of a past arrest or conviction from your criminal record, making it inaccessible to the public, including potential employers, landlords, and others who may conduct background checks.
In Atlanta, the eligibility criteria and procedures for record expungement vary depending on the nature of the offense, the date of your arrest, the outcome of the case, and other factors. Generally, misdemeanor offenses, certain non-violent felony offenses, and arrests that did not result in charges may be eligible for expungement under certain circumstances.
Expungement can offer individuals a fresh start by removing barriers to employment, housing, and other opportunities that may arise due to a criminal record. It is important to note that expungement laws and procedures can be complex, and seeking guidance from a qualified attorney who handles criminal law and record expungement is advisable to navigate the process effectively.
Approved requests for records restrictions must be submitted to the Georgia Bureau of Investigation’s Georgia Crime Information Center (GCIC) in order for the arrest to be removed from your public record.
Eligibility for Record Expungement in Atlanta
Record restriction applies in extremely limited circumstances, and it is not an absolute. The prosecutor makes that determination. Your eligibility will depend on what happened after your arrest. This is known as the “final disposition” of your case.
The following are some examples of when you might be eligible for a record restriction:
- The prosecutor never filed an indictment or accusation. In other words, no formal charges were ever filed against you.
- The prosecutor filed an indictment or accusation but… your charges were dismissed or “nolle pros” or your case was “dead-docketed” by the prosecutor for 12 months.
Here are some other situations where you could be eligible for a record restriction. (Time limits and other requirements may apply):
- A grand jury did not return a bill of indictment.
- You were acquitted/found “not guilty” after a trial by judge or jury.
- Your case was dismissed because a material witness refused to testify, because of judicial economy or because you successfully completed a pretrial diversion program that did not specifically allow expungement.
- You successfully completed a sentence and are off probation on a drug possession charge under 16-13-2, a drug offense conditional discharge.
- You successfully completed a drug or mental health treatment program.
- You were convicted of a specific misdemeanor when you were under the age of 21.
- Your conviction was vacated or reversed.
- Your felony charge was dismissed but you were convicted of an unrelated misdemeanor.
How Do You Apply for Expungement?
Expungements are quite complicated, and the procedure is not available to everyone. If you are considering trying to clear your criminal record, an experienced legal professional can answer specific questions about your case and help you with the process.
Why Should You Hire Chris Campbell Law Offices if You Are Looking for Expungement?
Chris Campbell Law Offices has successfully handled numerous expungement cases, helping clients clear their criminal records and move forward with their lives. Their experience in navigating the legal complexities of expungement laws in Atlanta ensures that clients receive effective representation tailored to their specific circumstances. If you are seeking to expunge your criminal record in Atlanta, Chris Campbell Law Offices experience and dedication make them an excellent choice to guide you through the process and advocate for your rights.
If you are ready to apply for expungement in Atlanta, do not hesitate to reach out to us. An expungement lawyer, Chris Campbell, is here to guide you through the process with experience and dedication. They understand the significance of clearing your criminal record and are committed to helping you achieve a fresh start.
Contact Our Atlanta Expungement Lawyer
Contact us today to schedule a consultation and learn how we can assist you in applying for expungement in Atlanta. With experience and personalized expungement lawyers, Chris Campbell Law Offices will work tirelessly to advocate for your rights and support you every step of the way.