Arrest Without Conviction In Fulton
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FAQ
An arrest does not mean the person is guilty; it indicates there is probable cause to believe the individual was involved in criminal activity. Following an arrest, the legal process determines whether the person will be charged, tried, and potentially convicted.
Additionally, violent crimes like murder, sexual battery, armed robbery, or rape cannot be expunged. It's important to note that, in Georgia, a criminal conviction is not erased from your record if you seek to expunge information.
In Georgia, a felony DUI conviction will remain on your criminal record for life. Unlike some misdemeanor offenses that may be eligible for expungement or record restriction after a certain period, felony DUI charges do not have this option under Georgia law.
How can I get my records expunged? Expungement applications can be obtained from the District Attorney's office at 136 Pryor Street, 3rd floor Atlanta, GA 30303 (404) 612-4980. However you will also need a certified copy of the disposition of your case.
The 7 year idea comes from the Fair Credit Reporting Act, which requires NON-CONVICTIONS to be removed from a private background check after seven years. In Georgia, criminal convictions stay on your record forever, unless you get them restricted and sealed or they were discharged under the First Offender Act.
A: How long a felony stays on your criminal record depends on the felony offense. Records of an arrest that did not result in a guilty verdict or felony conviction may no longer show up on background checks after seven years have passed. Certain felony convictions may expire and be restricted after four years.
Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement agencies for criminal justice purposes. Is record restriction different from expungement? No, only the name of the process has changed.
Georgia's new expungement law will go into place on January 1, 2021. Thanks to this new law, many people with a criminal record will now be eligible to remove their criminal record from public view.
If a conviction is expunged then it shouldn't show up on a background check. However, there is often a delay between when a conviction is expunged and when the case is removed from the index.
You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging. You could lose your case if you don't follow the appropriate steps or complete the paperwork correctly.
