Record expungement, also known as record restriction, is the legal process of sealing certain criminal records from public access in Cobb County, Georgia. Expungement can help remove barriers to employment, housing, and other opportunities by restricting the visibility of past arrests or charges from background checks conducted by employers, landlords, and the public.
The eligibility criteria for expungement in Cobb County depend on several factors, including the nature of the offense, the outcome of the case, and Georgia’s legal restrictions on record sealing. Generally, misdemeanor offenses, specific non-violent felonies, and arrests that did not lead to formal charges may qualify for expungement under certain conditions.
Expungement does not erase a criminal record entirely but prevents public access, allowing individuals to move forward without the burden of past offenses affecting their future. However, law enforcement and certain government agencies will still have access to restricted records.
To officially remove an arrest from public record, approved requests for record restriction must be submitted to the Georgia Bureau of Investigation’s Georgia Crime Information Center (GCIC).
Eligibility for Record Expungement in Cobb County
Expungement is not automatic and is only available in limited circumstances. The final disposition of your case—what happened after your arrest—determines whether you qualify. The prosecutor in your case plays a major role in deciding if you are eligible for a record restriction.
You may be eligible for record expungement in the following situations:
- No Formal Charges Filed: If the prosecutor never filed an indictment or accusation, meaning no charges were brought against you.
- Dismissed Charges: If your case was dismissed by the prosecutor through nolle prosequi (nolle pros) or placed on a dead docket for at least 12 months.
- Grand Jury No Bill: If a grand jury declined to issue an indictment in your case.
- Acquittal: If you were found not guilty by a judge or jury after a trial.
- Dismissal for Lack of Evidence: If your case was dismissed due to a witness refusing to testify, judicial economy, or after completing a pretrial diversion program that permits record restriction.
- Drug Possession First Offense: If you successfully completed probation for a first-time drug possession offense under O.C.G.A. § 16-13-2.
- Successful Completion of a Treatment Program: If you completed a court-approved drug or mental health treatment program.
- Underage Convictions: If you were convicted of a specific misdemeanor while under 21 and met all legal requirements for expungement.
- Reversed or Vacated Convictions: If your conviction was overturned on appeal or vacated by the court.
- Felony Charges Reduced to Misdemeanor: If your felony charge was dismissed, but you were convicted of an unrelated misdemeanor.
Some offenses are not eligible for record restriction, including violent felonies, sex crimes, DUIs, and offenses involving minors or vulnerable individuals.
How to Apply for Expungement in Cobb County
Applying for record expungement in Cobb County can be a complex process, requiring legal knowledge and formal requests to the arresting agency, prosecutor’s office, and the Georgia Bureau of Investigation (GBI).
The process generally involves:
- Determining eligibility – Reviewing your criminal history and case disposition.
- Filing a petition for record restriction with the appropriate agency.
- Obtaining approval from the prosecutor in cases requiring prosecutorial consent.
- Submitting the approved request to the GBI for processing.
Because expungement laws and procedures are complicated, consulting with a Cobb County expungement lawyer can improve your chances of a successful petition.
Why Choose Chris Campbell Law Offices for Your Expungement Case?
At Chris Campbell Law Offices, we have successfully helped individuals in Cobb County clear their criminal records and move forward with their lives. Our firm understands the complexities of Georgia expungement laws and will work to ensure your case is handled efficiently and effectively.
We provide:
- Thorough case evaluations to determine eligibility.
- Legal representation and advocacy throughout the record restriction process.
- Personalized legal strategies based on your unique situation.
- Experienced negotiation with prosecutors and law enforcement to secure approvals.
Start Your Expungement Process Today
If you are seeking record expungement in Cobb County, don’t navigate the process alone. Chris Campbell Law Offices is ready to help you take the next step toward clearing your record and securing a fresh start.
Contact us today to schedule a consultation and learn how we can assist you in applying for expungement in Cobb County. Let us help you move forward with confidence.