Having a criminal record can impact your life for many years after you have served time in jail and completed the terms of your probation. A criminal record can prevent you from securing housing, a loan, an education, a professional license, or a job. However, in some cases, individuals may be able to have their criminal record expunged, removing these barriers.

Whether you can expunge your criminal record and the process you use will depend on several factors, including the crime you were charged with, the disposition of your case, when the crime was committed, and the circumstances surrounding your case. An experienced criminal defense attorney from Crawford and Boyle LLC can review your situation and explain if you are eligible for expungement.

What Is an Expungement?

An expungement refers to the sealing, destruction, or obscuring of certain records from public access. When a record is expunged, the public cannot generally view it, limiting its effect on the affected person’s life.

In Georgia, the legal process of limiting access to criminal records is called record restriction. You can request that your records be removed from public access. Next, you can ask that your criminal case court record be sealed. These steps can help prevent potential employers, landlords, and others from seeing your criminal record and using it against you.

An expungement is not absolute under Georgia law. Criminal justice centers and certain employers working with children, the elderly, incapacitated individuals, and other vulnerable populations may still be able to see your criminal record.

How to Expunge Your Record in GA

For non-convictions, expunging a criminal record typically begins by submitting an application to the police department that arrested you for charges before July 2013. This includes cases that did not result in charges, charges that were dismissed, nolle prosequi, or handled under a conditional discharge. If your charges were ended in a non-conviction after July 2013, the court that handled your case is supposed to automatically restrict them.

If your charges were not automatically restricted or did not result in a non-conviction, this usually requires filing a motion in the criminal court that handled your case. A criminal defense attorney can help you file a motion to restrict and seal your record.

Felony Vs. Misdemeanor

An important distinction in Georgia’s new record restriction law is whether the crime was a felony or a misdemeanor. A misdemeanor is typically considered a less serious crime, punishable by less than one year in jail. A felony is considered a more serious crime, punishable by a year or more in jail, even if the defendant received a lesser sentence.

Georgia’s record restriction law generally applies to non-convictions and convictions of misdemeanors. Before you can apply for a felony restriction, you will need to get your conviction pardoned by sending a pardon request to the Board of Pardons and Paroles.

Who Can Have Their Misdemeanor Criminal Record Expunged in Georgia?

A person can move to have their misdemeanor conviction restricted if they have not been convicted of anything other than a minor traffic offense in the last four years, unless an exception or limitation applies. You must have completed your sentence and not have any pending charges.

Exceptions to Misdemeanor Expungement

You cannot have been convicted of any of the following criminal offenses to request that your misdemeanor criminal record be expunged:

  • Family violence simple assault, family violence simple battery, or family violence battery, unless you were under 21 years old at the time of your conviction
  • Family violence stalking
  • Violating a family violence order
  • Sexual battery
  • Pimping
  • Keeping a place of prostitution
  • Improper sexual contact by an employee or agent
  • Child molestation
  • Sexual battery
  • Enticing a child for indecent purposes
  • Public indecency
  • Peeping Tom charges
  • Pandering by compulsion
  • Obstructing a 911 call
  • DUI

Additionally, certain offenses related to minors, theft offenses, or traffic offenses may be ineligible for expungement. It is best to consult with an experienced criminal defense lawyer to determine if you are eligible for expungement based on the details of your case.

Limitations of Misdemeanor Expungement

All applicants are limited to two misdemeanor conviction expungements during their lifetime.

How to Get a Felony Criminal Record in Georgia

To have a felony criminal record expunged in Georgia, you must have had your conviction pardoned by the Board of Pardons and Paroles, not have had any criminal convictions since the pardon was granted, not have any pending charges against you, and have successfully completed your sentence.

Additionally, the conviction you are trying to expunge cannot be any of the following:

  • Murder
  • Felony murder
  • Armed robbery
  • Rape
  • Aggravated child molestation
  • Aggravated assault with intent to rape
  • Statutory rape
  • Sodomy
  • Child molestation
  • Enticing a child for indecent purposes
  • Sexual assault against persons in custody
  • Incest
  • Sexual exploitation of children
  • Kidnapping
  • False imprisonment if the victim was under 14 years old and not your child

Criminal Expungements and the First Offender Act

Georgia’s First Offender Act is a deferred adjudication program that allows people facing their first criminal charge to avoid a formal conviction. If they are sentenced under the First Offender Act and complete the terms of their sentence, their criminal charges are discharged, and their criminal history is restricted. This is not technically considered a conviction and can be sealed from their record. However, the first offender adjudication can only be used one time.

It is possible under Georgia’s record-sealing law to convert a criminal conviction to the first offender program if you were not informed about your eligibility to be sentenced as a first offender for a prior conviction. Through this retroactive sentencing, you ask the court to sentence you under the First Offender Act. However, the prosecutor must consent to the filing of this petition before you file it in court. The court can then determine whether you were eligible for first offender status and whether retroactively applying it will serve justice and society by granting your petition.

If you were convicted of a felony but you obtain retroactive first offender status, you may be able to have your criminal record restricted without having to go through the extra steps of being pardoned.

If the court grants your request for retroactive first offender status, you will be automatically exonerated from guilt, and your criminal history will be restricted.

You may be eligible for retroactive first offender status if all of the following statements apply to your case:

  • You were never informed about the first offender law when you originally resolved your case.
  • You have never previously used the First Offender Act law before.
  • You were not convicted of a felony before the one you are seeking to be retroactively determined to be part of the First Offender Act law.
  • The conviction is not excluded by the law (see below).

If you receive retroactive first offender status, the criminal history is no longer considered a conviction, and you can truthfully answer “no” if you are asked if you have ever been convicted of a crime. You can prevent employers and housing providers from seeing your retroactive first offender case by requesting a new criminal history report from the Georgia Crime Information Center from your local law enforcement agency.

Criminal Charges Excluded for Retroactive First Offender

The following offenses are excluded from eligibility for retroactive first offender status:

  • A serious violent felony, including murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery
  • Certain sexual offenses, including aggravated sexual assault with the intent to rape, statutory rape if age 21 or older at the time of the offense, sodomy, child molestation, enticing a child for indecent purposes, improper sexual contact by an employee or agent, incest, a second or subsequent conviction for sexual battery, or sexual exploitation of children
  • Certain sexual offenses, including trafficking of persons for labor or sexual servitude, sexual exploitation of a minor, electronically furnishing obscene material to a minor, or computer pornography and child exploitation
  • Neglecting disabled adults, elderly persons, or residents
  • Exploitation and intimidation of disabled adults, elderly persons, and residents
  • Aggravated assault, aggravated battery, or obstruction of a law enforcement officer if such violation results in serious physical harm or injury to the officer when committed against a law enforcement officer engaged in performing their official duties

There are limited exceptions for some of these offenses, so be sure to consult with an experienced attorney to learn if you might be eligible for this status.

How to Request a Copy of Your Criminal Record in Georgia

If you need a copy of your official criminal record or want to ensure that your record has been restricted, you can request it from your local police station, or you can ask a lawyer to help with this process.

The Georgia Crime Information Center (GCIC) is the state agency that maintains criminal records in Georgia. You can contact your local police station and request your GCIC report. Some police stations only provide local arrest information. You need the GCIC report, not just local arrest information, to ensure you have a clear understanding of what is on your report. You will be responsible for paying a nominal fee. You may be asked to complete a written form.

On the form, request a Purpose Code U report. This is your personal copy and should include all charges, including restricted, sealed, and discharged charges. When you know what is on your official criminal record, you can determine the charges that might be eligible for record restriction. If you are concerned with what potential employers or landlords can see, you can request a Purpose Code E report.

If you went through the retroactive first offender process and your case is still appearing on your official report, your defense lawyer can contact the clerk of the court that handled your case. They can request that they enter the first offender disposition. Your lawyer can also file a motion to have your RFO case sealed if it has not already been ordered.

How an Experienced Criminal Defense Attorney Can Help

The process of restricting your criminal record can be complicated. It can be simplified by hiring a lawyer experienced in handling these types of matters. A knowledgeable lawyer can:

Review your situation and explain whether you are eligible for expungement under Georgia’s record sealing law

  • Advise you of the steps and costs associated with the process you will need to use to restrict your criminal record
  • Request your official criminal record
  • Request consent from the prosecutor to retroactively apply for first offender status
  • Pursue the pardon process, if necessary
  • File legal motions to request sealing
  • Contact the court clerk on your behalf to ensure that your criminal record is properly sealed
  • Respond to any challenges against your petition
  • Answer any questions that you have along the way

The experienced criminal defense lawyers at Crawford and Boyle, LLC are committed to protecting the rights of the accused and limiting the damage that criminal records can have. We don’t think that you should be defined by a single mistake you made and fight hard so that you won’t be.

Contact Our Expungement Lawyers Today

If you were convicted of a crime that is eligible for expungement or your case did not result in a conviction, record restriction may help safeguard your privacy and future. If you would like to learn whether you are eligible for expungement in Georgia and need help with the legal process, the experienced legal team at Crawford and Boyle, LLC can help. Contact us today to arrange a free and confidential consultation to discuss expungement.