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Expungement

Is your criminal history holding you back like a ball and chain tied to your leg?  Are you having difficulty getting or keeping jobs due to prior arrests?  An expungement of your arrest records may be a way to clean up your history and help you get your life organized and back on track.

 

In Georgia, expungement is the process of legally destroying, obliterating, or striking out records or information in files, computers and other depositories relating to criminal charges.

 

The records do not just disappear, but they cannot be accessed for general law enforcement or civil use.  The records are to be expunged by destroying the fingerprint cards, photographs, and documents relating exclusively to the person.  Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved for constitutional reasons shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court.

 

A person is generally eligible for an expungement if he or she:

 

1. Can show their records are inaccurate or incomplete
2. Is with no conviction because charges were disposed of or dismissed, has no charges pending, and has not been convicted of anything in the U.S. in the last five years, excluding incarceration time.
3. Was a juvenile if a petition alleging delinquency is not filed, or the proceedings are dismissed after either a petition is filed, or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4, or the child is adjudicated not to be a delinquent child.

 

Georgia expungement laws are very complicated, the process can be expensive, and there are many exceptions which prosecutors and law enforcement may use to disqualify you from receiving an expungement. However, with success you can have a clean record and a fresh start on life.

 

Save time, money, and gain peace of mind by having Crawford and Boyle evaluate your case and guide you through the process.  Contact us today!

 

 

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