A misdemeanor conviction in Georgia can stay on your record indefinitely, making it difficult to get a job, spend quality time with your family, or access quality housing. Much like a felony offense, once you are convicted of a misdemeanor, your life will be on a roller coaster.
Many Georgia residents with a misdemeanor record always wonder if it’s possible to expunge the conviction from their history. Expungement is the legal process of sealing or destroying criminal records so that they are no longer publicly available.
Once your record is expunged, it will be as if the crime never happened. This is beneficial as it allows you to move on with your life without worrying about the past coming back to haunt you. So, can you get a misdemeanor conviction in Georgia expunged from your record?
Expert lawyers from Moffitt Law, LLC have the answer for you. As expungement lawyers in Georgia, we can help you determine if you are eligible to have your record expunged, guide you through the entire process and help you clean up your criminal record.
Expungement of a Misdemeanor Conviction in Georgia
Before 2021, expunging a misdemeanor from your criminal record in George was impossible. That all changed with the passing of Senate bill 288. The new law now makes it possible to have certain misdemeanor convictions expunged from your record.
However, expungement is limited to certain misdemeanor offenses and must be granted by a judge or court. Additionally, an individual can seek expungement for a maximum of two different misdemeanors.
Expungement eligibility depends on the crime’s severity, criminal history, and other mitigating factors. Serious misdemeanor convictions such as DUIs, child molestation and abuse, and sexual battery are not eligible for expungement under the new law. Other excluded felonies from the expungement list include:
- Murder or felony murder
- Aggravated child molestation, sodomy, and sexual battery
- Armed robbery
If you seek to have your misdemeanor conviction expunged, it is crucial to have a knowledgeable and experienced lawyer. Experienced attorneys at Moffitt Law, LLC are well versed in the new law and can help you determine if you are eligible for expungement and guide you through the entire process. We will gather all the necessary evidence and make a compelling case to the court to get your record expunged.
Steps to Expunge a Misdemeanor in Georgia
A misdemeanor conviction can significantly impact your life, making it hard to find a job, licensing, or housing. If you are considering an expungement, it is essential to understand the process and what is required. The following is an overview of the expungement process in Georgia:
- Request your criminal history from the Georgia Crime Information Center (GCIC) through local law enforcement agencies.
- Review your criminal history and identify misdemeanor convictions that you would like to have expunged.
- File a petition for expungement with the court based on specific law that makes misdemeanor convictions eligible for expungement.
- Provide evidence to support your petition establishing your eligibility for expungement.
- Attend a hearing where the judge will review your petition and evidence. If the judge grants your request, your misdemeanor conviction will be expunged from your criminal record.
- Obtain an order from the judge and, contact the arresting law enforcement agency, court clerk, and confirm compliance.
Get Help from Experienced Attorneys
Expunging a misdemeanor conviction in Georgia can be complex and daunting. With the help of an experienced attorney, you can increase your chances of having your record expunged. The attorneys at Moffitt Law, LLC have successfully helped clients expunge their misdemeanor convictions and can do the same for you. Contact us today at 762 212 3951 for a free consultation to discuss your eligibility for expungement.
Georgia Misdemeanor Conviction Expungement FAQs
Q: Can misdemeanors show up on a background check?
Yes, misdemeanors will show up on a background check. However, if you have had your conviction expunged, it will not show up.
Q: How long does a misdemeanor conviction stay on your record in Georgia?
A misdemeanor will stay on your criminal record for life in Georgia unless you have it deleted. To qualify for expungement, you must have completed your sentence and not have any other convictions.
Q: What is the difference between an expungement and a pardon?
An expungement is when a court orders your criminal record to be sealed or destroyed. A pardon is when the state pardons or forgives your conviction. With the latter, your criminal record will still show the conviction but note that you have been pardoned.