Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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US-02241BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

Georgia law does not use the word expungement because records are not destroyed, but access to the records is limited for employers, housing providers, and others (law enforcement maintains access).

As of 2021, Georgia's Second Chance Act enables you to restrict and seal the records of most types of misdemeanor convictions, as long as four years have passed since you completed your sentence, and you have not gotten any new convictions during that time.

The answer is not always as clear as it should be. With some exceptions, the general rule is that if a prosecutor agrees to dismiss a case, then the offense is ?restricted? from that person's Georgia criminal history record, which is maintained by the Georgia Bureau of Investigation.

After four years a felony with no disposition will be expunged, and after seven years violent felonies or violent sexual felonies with no disposition will be expunged. The expunged criminal records will only be visible to police officers, prosecutors, or criminal justice system background checks.

An Expungement is a tool used to clear your record from either a conviction or dismissal. In so doing, after an expungement, a background check will not reveal either your dismissed charge(s) or a conviction. Law enforcement agencies will also destroy the records.

Key Excluded Misdemeanor Offenses DUIs. Sexual battery. Child molestation or other abuse.

If the status is granted, because of First Offender Act expungement, they can get their criminal record restricted. That means their misdemeanor convictions or felony convictions will be wiped from their records. But, if they are still serving time, they may get their sentences reduced.

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Georgia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed