I are unable to count the variety of instances I get calls from clientele that are desperate to get an arrest eliminated from their criminal historical past. Usually, they are obtaining regimen historical past checks carried out at operate and want t

The good news is, the State of Georgia sets out a statutory approach by which you can get an arrest eliminated from your criminal historical past.

However, the prosecuting agency for the county of arrest will get to make the determination no matter whether or not you qualify for expungement, and you must meet specified qualifications to be profitable.

The Official Code of Georgia area 35-3-37 tells you that you have the appropriate to expunge an arrest exactly where no indictment or accusation has been filed against you if you meet the after criteria:

The charge has to had been dismissed (again, for this proper to implement the dismissal should consider location prior to an indictment or accusation is filed) No other criminal costs can be pending Inside the final 5 many years, you can't had been convicted of the exact same or comparable offense anyplace.

This indicates that the Prosecutor has no determination in the matter and your record will be cleared.

Regrettably, if your situation was dismissed following becoming Indicted or Accused, much more circumstances should be met.

The law in Georgia states: "Immediately after the filing of an indictment or an accusation, a record shall not be expunged if the prosecuting lawyer displays that the expenses had been nolle prossed, dead docketed, or otherwise dismissed due to the fact: (A) Of a plea agreement resulting in a conviction for an offense arising out of the identical underlying transaction or occurrence as the conviction; (B) The government was barred from introducing materials proof against the personal on legal grounds like but not restricted to the grant of a movement to suppress or movement in limine; (C) A materials witness refused to testify or was unavailable to testify against the person except if this kind of witness refused to testify based mostly on his or her statutory appropriate to do so; (D) The person was incarcerated on other criminal fees and the prosecuting lawyer elected not to prosecute for motives of judicial economic system; (E) The personal effectively finished a pretrial diversion regimen, the terms of which did not particularly offer for expungement of the arrest record;(F) The conduct which resulted in the arrest of the person was part of a pattern of criminal activity which was prosecuted in an additional court of this state, the United States, yet another state, or foreign nation; or (G) The person had diplomatic, consular, or comparable immunity or inviolability from arrest or prosecution."

As you can see, there are a laundry checklist of ailments that the Prosecutor can website as cause not to grant the request.

Have to the Prosecutor not grant the request there is nonetheless hope. Georgia law offers that an appeal of the prosecutors determination is feasible if brought Inside of thirty days to the Superior Court of the county exactly where the arrest occurred.

Obviously, there are a variety of pitfalls that could occur when attempting to clear your record. In the end, you could learn that an expungement is not the very best choice for your case. There is nonetheless hope even though, as an expungement is but one of a lot of alternatives available by way of Georgia and at times even Federal law. Make contact with an lawyer for a consultation and find out which choice operates greatest for you.