What Crimes Can Be Expunged In Georgia?

by | Last updated on January 24, 2024

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  • Serious Traffic Offenses including:
  • Driving Under the Influence (DUI)
  • Reckless Driving.
  • Aggressive Driving.
  • Theft (does not include Shoplifting)
  • Child Molestation.
  • Enticing a Child for Indecent Purposes.
  • Pimping.

Can a felony be expunged in the state of Georgia?

Unfortunately, the answer to this question is painfully clear:

In Georgia, expungement is not an option

. While a change in the law that went into effect clarifies the option to petition for “record restriction,” in Georgia there is not an option to have your criminal record wiped clean.

How much does it cost to have your record expunged in Georgia?

For these cases, you must apply at the arresting agency. There could be a fee for this, depending on the agency, but they are not allowed to charge

more than $50

. To apply, you must complete a form with three sections and get it signed by the appropriate parties.

Do misdemeanors go away in Georgia?

There must have been four years after your sentence completion with no other charges. That's five years for felonies,

four years for misdemeanors

. Note that you have a lifetime maximum of two misdemeanors that you can expunge using this process.

What crimes can be expunged?

These generally include

murder, serious violent crimes, and sex crimes involving children

. In many cases, there is a waiting period to expunge a conviction. There may be other requirements, as well. In most states, if a is expunged, it will be sealed from public view.

How long does it take to expunge a record in Georgia?

The process can take

up to 150 days

and is as follows: Contact the arresting law enforcement agency for the requirements to restrict a record.

How far back does a background check go in Georgia?

How Far Back Does a Background Check go in Georgia? Background checks in Georgia for employment must comply with the FCRA's

seven-year lookback period

.

What charges Cannot be expunged in Georgia?

  • Sex crimes against children / by people with supervisory authority.
  • Pimping and pandering.
  • Crimes against minors.
  • Sexual battery.
  • Peeping tom crimes.
  • Family violence battery convictions (unless the offender was under 21)
  • Child molestation.
  • Public indecency.

How much does it cost to get record expunged?

It usually costs

$50 to

file a motion to expunge a conviction record. The cost may be higher in some courts. However, if you are a low-income person, you may file with a poverty affidavit and pay the costs later. Filing an application to seal a not guilty, nolled, or dismissed record is FREE.

Does your criminal record clear after 7 years?

People often ask me whether a criminal conviction falls off their record after seven years.

The answer is no

. … Your criminal history record is a list of your arrests and convictions. When you apply for a job, an employer will usually hire a consumer reporting agency to run your background.

How long do you have to wait to expunge a misdemeanor?

For an eligible misdemeanor , you must wait at

least 2 (two) years after the case is over

before you can file your motion to seal. For any other offense, then you have to wait at least 5 (five) years after the case is over before you can file your motion to seal.

How long does it take to get a record expunged?

The expungement process generally takes

8 to 12 weeks

. Sometimes you can get it done faster in some municipal courts; but if it's in a district court, 8 to 12 weeks are standard.

What is the statute of limitations on a misdemeanor in Georgia?

For example, the general statute of limitations for misdemeanors is

two years

. This means that for misdemeanors the state must file an indictment or accusation charging you within two years of the date the alleged offense or offenses occurred.

Do expunged records show up on background checks?

Expunged charges are erased from the record entirely, and sealed records still exist but are inaccessible to the public.

Generally, sealed and expunged records will never appear on a background check

.

Can you get your driving record expunged in Georgia?

In Georgia, the only way to expunge or restrict your GCIC record is

to meet the law's requirements to the letter

. Some of the few ways a charge is eligible for restriction is if: The charges were not prosecuted within the statue of limitations. You completed a drug or other accountability court (No DUI Courts)

Where do I go to expunge my record?

  1. the person who is the subject of the record,
  2. the person's attorney,
  3. criminal justice agencies or.
  4. certain licensing agencies.
Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.