Georgia Expungements are very difficult to obtain, even if a jury finds a person Not Guilty. The uphill battle on an expungement in GA needs to start well before trial.
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This article is for informational purposes only. We only handle expungements in Hall County. Please call your original attorney or a lawyer in the conviction county if you have any questions about your particular case.
If you have a question on how your case is being reported, you may want to contact the conviction county’s Clerk of Court and also run your own background check at your local Sheriff’s Office.
Georgia Expungement Law is a complicated law that allows for a record or arrest cycle to be sealed (except to law enforcement and prosecutors) under certain circumstances including approval by the prosecutor. (See O.C.G.A. § 35-3-37(d) (1).)
If the case is Dismissed, Not Presented to the Grand Jury, Nolle Prossed/ Nolle Prosequi, Dead Docketed, marked No Further Action Anticipated or No Record on File, then a GA expungement may be possible. Charges that are resolved by Guilty Plea, Not Guilty, Nolo Contendre, and First Offender Act are not eligible for expungement in Georgia .
A Georgia expungement request requires various filing fees (usually $25.00 to the local agency and $25.00 to the State) and an application that is filled out by the defendant and is then filed with the arresting agency. Once filed with the arresting agency, the agency sends it to the prosecutor for approval. If the application is approved by the prosecutor, then the expungement request is sent to the Georgia Criminal Information Center.
Georgia Expungements are generally reserved for ‘mistakes’ regarding arrests. If the case gets to far along in the system, an expungement in Georgia can go from very hard to obtain to almost impossible. It is always advisable to consult with expungement lawyers in Georgia whenever criminal charges are or may be brought by the State of Georgia.
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney: Anne Bishop is a Georgia lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.