Atlanta Expungement Lawyer

What is Expungement in Atlanta?

Record expungement in Atlanta refers to the legal process of sealing or erasing a person’s criminal record from public view. Expungement allows individuals who have been arrested or convicted of a crime to have their criminal record removed or hidden from background checks conducted by employers, landlords, and other entities. In Atlanta, expungement is typically available for certain misdemeanor and felony offenses under specific circumstances, such as completing a diversion program, having charges dismissed, or meeting other eligibility criteria. Expungement offers individuals a fresh start by reducing the negative impact of past criminal records on their employment opportunities, housing prospects, and overall quality of life. It is essential to consult with a knowledgeable attorney to determine eligibility and navigate the expungement process successfully.

What are the Rules for Expungement?

Effective January 2021, Georgia’s expungement law (also known as record restriction) allows individuals to expunge a misdemeanor conviction from their criminal record if they have completed their sentence, including parole or probation, and not committed any other crimes (aside from minor traffic violations) in the past four years.

In Atlanta, Georgia, the rules for expungement, also known as record restriction, are governed by state law and specific procedures outlined by the Georgia Bureau of Investigation (GBI). Some key rules and requirements for expungement in Atlanta and throughout Georgia include:

  • Eligibility: Not all criminal offenses are eligible for expungement. Misdemeanor convictions, certain felony convictions, and arrests that did not result in conviction may be eligible for expungement under specific circumstances.
  • Waiting Periods: There may be waiting periods before an individual becomes eligible to petition for expungement. For example, individuals must typically wait four years after completing their sentence for a misdemeanor conviction or ten years for most felony convictions before applying for expungement.
  • Qualifying Offenses: Certain offenses, such as serious violent felonies, sexual offenses, and offenses involving minors, are not eligible for expungement under Georgia law.
  • Petition Process: To request expungement, individuals must file a petition in the court where the case was heard or in the jurisdiction where the arrest occurred. The petition must include specific information about the case, such as the charges, disposition, and relevant dates.
  • Supporting Documentation: Along with the petition, individuals may need to provide supporting documentation, such as a copy of the final disposition, proof of completion of any required programs or sentences, and any other relevant court documents.
  • Court Hearing: In some cases, a court hearing may be required to review the expungement petition and determine eligibility. The individual seeking expungement may need to appear in court and present their case before a judge.
  • GBI Record Restriction: After a court grants an expungement order, the Georgia Bureau of Investigation (GBI) updates its records to reflect the expungement. However, it is important to note that expunged records may still be accessible to certain entities, such as law enforcement agencies and certain licensing boards.

The Expungement Process

Approved requests for records restrictions must be submitted to the Georgia Bureau of Investigation’s Georgia Crime Information Center (GCIC) for the arrest to be removed from your public record. The process may be complex so hiring an experienced lawyer is highly recommended. 

Why Hire an Attorney Experienced in Expungements

Navigating the complex rules and procedures surrounding expungements requires local knowledge and experience. An experienced attorney familiar with the intricacies of Georgia’s expungement laws can guide you through the process efficiently and effectively, ensuring that all necessary steps are completed correctly and in a timely manner. Additionally, an attorney can assess your eligibility for expungement based on the specific circumstances of your case and advise you on the best course of action. They can also advocate on your behalf in court hearings, presenting compelling arguments to support your petition for expungement. Furthermore, having legal representation can help alleviate the stress and uncertainty often associated with the expungement process, providing you with peace of mind knowing that your case is in capable hands. Overall, hiring an expungement attorney in Atlanta maximizes your chances of successfully clearing your criminal record and moving forward with a fresh start.

Contact Us

If you are seeking assistance with expungement, do not hesitate to reach out to Carlos Moore Law Firm. Our dedicated team of legal professionals is committed to providing personalized and effective solutions for our clients. Whether you are facing challenges with criminal records or seeking to clear your name, we are here to help navigate the legal process with experience and compassion. Contact us today to schedule a consultation and take the first step towards a brighter future.

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