Where do I go to expunge my record in Georgia?
To get your record expunged, you will usually either file a motion in the criminal court that handled your case or send a request to the police department that arrested you. This will depend on what happened in your case.
It’s important to know that in Georgia, we call the process of limiting access to criminal records “record restriction”. When you apply to restrict your record, you request that the arrest record be removed from public access. The next step is usually to seal your criminal case court record. That is the best way to keep other people – like employers and landlords – from seeing your criminal record.
Under the record restriction law, non-convictions (criminal charges that were dismissed, nolle processed, or handled under Conditional Discharge) can be restricted by submitting an application to the police department that arrested you. This is only true for charges BEFORE July 2013. If your charges ended in non-conviction AFTER July 2013, the court that handled the charges is supposed to automatically restrict them for you. Sometimes, the clerk is unaware of that law and does not enter the restriction. In that case, additional legal intervention is usually required.
For convictions, the new record restriction law allows you to file a motion to restrict and seal your record. You would normally file that in the court that handled the criminal charges.
Importantly, before you can apply for felony restriction, you must get the conviction pardoned. You send pardon requests to the Board of Pardons and Paroles.
Are you eligible for a pardon or restriction? Call us to get started on your case today!
- Can I get my record expunged in Georgia?
- About Georgia’s new expungement law
- What felonies can be expunged in Georgia?
DISCLAIMER: THE ABOVE STATEMENTS ARE GENERAL INFORMATION AND THE CIRCUMSTANCES OF YOUR CASE MAY BE DIFFERENT. DEVETTER LAW MAKES NO GUARANTEE OF ANY OUTCOME. THE ABOVE IS NOT LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY PROVIDING THIS INFORMATION.