How to Get Your Record Expunged in LaGrange, Georgia

A criminal record never disappears. Unlike a bankruptcy filing, a criminal arrest or conviction never “falls off” your record. Instead, someone who pulls a background check can find out about it with only a few clicks of the mouse. A simple mistake you made in your 20s or 30s can create a lifetime of headaches.

In Georgia, certain people can restrict public access to their records. Record restriction in Georgia is colloquially called “expungement,” although the record is never destroyed. Instead, you can limit the ability of members of the public to see it. An employer or landlord performing a background check will not see your criminal history, but courts and criminal justice agencies will still have access.

After reading this article, you might have questions about how to get charges off your record. Call Moffitt Law, LLC. Our LaGrange criminal defense lawyer is happy to meet to explain how to get a record expunged in Georgia.

Are You Eligible for Expungement?

Not everyone qualifies for expungement in Georgia. Instead, review your criminal history:

• If you were not convicted, then you should probably qualify. For example, your charges could have been dismissed or your conviction vacated or overturned.
• If your case was handled under the First Offender Act, then you can also restrict and seal your record.
• If you have a misdemeanor conviction, then you should qualify for expungement in Georgia.
• If you have a felony conviction, then things get tricky. One option is to get a pardon from the state and then move to expunge your record. Another option is to seek First Offender Act status now if you would have qualified back when initially charged. Nonetheless, some felony convictions are never eligible for expungement, such as murder, rape, aggravated child molestation, and other serious offenses.

There are other requirements to discuss with an attorney. For example, you can only apply for expungement if you have completed your sentence. You should also have kept your nose clean, with no more convictions after the incident you are trying to expunge.

Steps on How to Get Record Expunged in Georgia

Here is how to get charges off your record:

1. Call the Sheriff’s office or police department to request a copy of your criminal history.
2. Consult an attorney to review whether you are eligible. The law has many exceptions, and it’s a mistake to automatically assume you qualify or, just as bad, assume you have no chance. Call Moffitt Law, LLC, to schedule a consultation with an experienced attorney. We’ll go through your record and see if you are eligible for record restriction.
3. Request a pardon, if necessary. Some convicted felons are not eligible for First Offender Act status, in which case they need a pardon if they hope to expunge a record.
4. Obtain the correct form. The form you need depends on your arrest date. If you were arrested before July 1, 2013, then you will fill out a Request to Restrict Arrest record form. For an arrest on or after Jul 1, 2013, you will get an appropriate form from the prosecuting attorney’s office in the county where you were arrested (which might not be where you are currently living).
5. Submit your completed form and payment to the correct office. If you were arrested before July 1, 2013, then submit all your documentation to the arresting agency first. They will then send it to the prosecuting attorney. For arrests on or after July 1, 2013, you will work directly with the prosecuting attorney’s office of the county where you were arrested.
6. Wait to receive approval or denial. You should hear back within 90 days. If approved, then the prosecuting attorney should submit the completed application to the Georgia Crime Information Center database.

Some common mistakes can delay expungement. For example, you might submit to the wrong office or not know when you were arrested, in which case you don’t follow the correct process.

Schedule a Consultation with Our Law Office

An experienced LaGrange criminal defense lawyer is an excellent asset to have when trying to restrict access to your criminal history. Moffitt Law, LLC has helped many people put the past behind them. We can go over your criminal history to see if you qualify. We can also help take whatever other steps are necessary to get the ball rolling and ultimately restrict access to your record.  Contact us to speak in a confidential setting with a member of our legal team.