Record Sealing vs. Expungement in Georgia: What’s the Difference?

A criminal history is a heavy burden even after a defendant has repaid their debt to society. Whenever a person applies to a job or tries to enroll in college, they will have to answer questions about their criminal history. Any criminal conviction will also show up in a standard background check, which is increasingly required before a landlord will rent an apartment. Men and women cannot easily hide their criminal histories, and they might be rejected solely because of a misdemeanor or felony in the past.

Contact Moffitt Law, LLC. Our Columbus, Georgia, criminal defense lawyer can analyze whether you qualify to seal or restrict your record. We can then fill out and submit the paperwork for you. Call to schedule a consultation.

Sealed vs. Expunged: What’s the Difference?

When a record is sealed, it continues to exist but is hidden from view, particularly from the public. By contrast, when a record is expunged, it is destroyed. In some states, a person can expunge certain records but only seal other criminal records.

The difference between sealed and expunged records is irrelevant in Georgia. The state does not destroy criminal records, so expungement in Georgia is not an option. Instead, people can seek record restriction and sealing. Some Georgia websites call sealing “expungement,” but we like to keep the concepts distinct.

How Do You Limit Access to Your Criminal Records in Columbus, Georgia?

Anyone in Georgia hoping to hide their criminal history should check if they can restrict their record or seal it:

• Record restriction meaning. Record restriction limits access to the state’s criminal history report kept by the Georgia Crime Information Center (GCIC). People often request a copy of the record by paying a fee.
• Sealed record meaning. Not all criminal history information is located at the GCIC. Instead, individual courts also maintain criminal history records. When a record is sealed, then access to these court records is limited.

Seeking both record restriction and sealing will limit your criminal history for landlords, employers, and other members of the public. You should be able to apply for jobs without needing to disclose your restricted and sealed criminal history. However, law enforcement will continue to have access to even restricted and sealed records.

Can You Request Record Restriction and Sealing in Columbus?

Whether you can get criminal history off your record will depend on whether you were convicted or only arrested, as well as whether you were convicted of a felony or misdemeanor:

• Non-conviction. You can restrict and seal most charges that do not result in a conviction. For example, the charges might have been dismissed, or you were acquitted of the charge. Essentially, you want to get rid of an arrest, which some employers ask about.
• Felony conviction. You might restrict and seal a felony if you qualify retroactively as a First Offender under Georgia Code § 42-8-66. You might also seek to restrict and seal a pardoned conviction or any conviction if you were a survivor of trafficking.
• Misdemeanor conviction. You may restrict and seal a misdemeanor if you qualify as a Retroactive First Offender or were the victim of trafficking. You might also restrict and seal two misdemeanors if you are eligible under Georgia Code § 35-3-37.

Speak with a lawyer at Moffitt Law. There are detailed qualifications. Not everyone is eligible, which is an unpleasant surprise when people represent themselves and try to get a record restricted or sealed.

To help your attorney obtain a complete criminal history. You can request a copy from your local Sheriff or police department. This material will help our legal team decide if you qualify retroactively as a First Offender or can seek to get rid of other offenses.

The forms you submit will differ depending on your arrest date. Let a lawyer handle all the work, including submission of the form and preparation for any court hearing. Obtaining a record restriction and sealing is not automatic for most people. We might need to prepare to make an argument to a judge for why you deserve record restriction and sealing.

Reach Out to a Columbus, Georgia Lawyer

Moving on from a brush with the law is difficult. Whether you were convicted or only arrested, any criminal records can make it difficult to get re-established. Call Moffitt Law at 762-200-2924 to speak with our office about record restriction and sealing. We have years of experience helping people handle various criminal issues, including sealing. In a private consultation, we can advise you of your options and then start tackling your case. We serve clients in the 31901 area.