Arrest Without Conviction In Georgia
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FAQ
Clean Slate Law details It applies to convictions and arrests after January 1, 1973. Automatic removal of records is available for some felony crimes, even those that resulted in a prison sentence. Others that are eligible: Arrested but not convicted, or case dismissed – records sealed automatically.
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.
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.
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.
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. Instead, this state uses sealing and restricting.
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.
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.
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.
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.
Don't forget these 5 fast facts about Georgia's new criminal record clearing law! This is a first for Georgia. Before this new law, almost all convictions stayed on your record for life. As of 2021, you can now petition the court to restrict and seal (expunge) certain convictions from your record.
