How do I expunge my record?

I have been asked by defendants whose cases were dismissed what to do next? What most people don’t realize is that once a person is arrested in the State of Georgia and entered into the Georgia Criminal Information Center database (GCIC), they have an arrest record, which will follow them for the rest of their lives even if their case is dismissed.

The only way to get that arrest off of your record is to request that it be expunged. An expungement will remove a charge from your record which is helpful when applying for work or college or a variety of other things that may require a background check.

You can only have your arrest expunged if your arrest results in any of the following:

1.    Your case has been dismissed by the court

2.    You have completed a pre-trial intervention program

3.    Your case was never accused after two years.  This means you were arrested and bonded out but the prosecutor’s office never filed charges against you to appear in court (they have two years to do this).

4.    In some cases, if you are convicted of a misdemeanor prior to turning 21

If your arrest did not result in any of the above, which means you were convicted (found guilty) or either plead guilty or nolo contendere (no contest), it is very unlikely that you can get the arrest/conviction expunged from your record.

The law in Georgia regarding expungements has recently changed.  Certain cases dismissed after July 1, 2013 are automatically expunged or record restricted (the new term for expungement). If your case does not fall under this new law, then you need go through an application process which is very time sensitive and complicated. Contact an experienced criminal defense attorney who is familiar with the expungement/record restriction process to help complete the process.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.