Georgia Motion for New Trial for Purpose of Expunging Criminal Record

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Multi-State
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US-02609BG
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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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FAQ

Records of an arrest for a serious violent felony or a felony sexual offense against a person under age 16 are restricted by the Georgia Crime Information Center seven years after arrest if, in that time, the case is not transferred or referred for prosecution or the grand jury returns a no bill without further action.

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.

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

A quick definition of clean-slate rule: Clean-Slate Rule: In criminal cases, if a person is found guilty and then appeals their conviction and wins, they can be retried without violating the double-jeopardy rule. This means that they start with a clean slate and can be tried again for the same crime.

The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.

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.

If your arrest occurred on or after July 1, 2013, reach out directly to the prosecuting attorney's office of the county where your arrest took place. Your application does not have to be processed first by the arresting agency. The prosecuting attorney's office will either approve or deny your request within 90 days.

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Georgia Motion for New Trial for Purpose of Expunging Criminal Record