Georgia Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

How does a person with a juvenile record get his/her records sealed? In order to get juvenile records sealed, a person must apply for sealing through the same Georgia Juvenile Court that initially adjudicated the case.

Approved requests for records restrictions must be submitted to the Georgia Bureau of Investigation's Georgia Crime Information Center (GCIC) in order for the arrest to be removed from your public record. You may wish to consult a lawyer before submitting a records restriction request.

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.

You can restrict public access to your criminal records. Certain criminal history records can be hidden or sealed from the public. People with a records restriction are able to apply for jobs, housing, or licenses without their record appearing on a background check.

Under the Georgia Open Records Act (?ORA?), public records from the Department of Juvenile Justice are available for inspection and copying unless they are specifically exempted from disclosure under the law.

Also, ing to Georgia law, no criminal record is automatically restricted simply because the offender turns 18. A former juvenile offender who is now an adult may, however, apply to have his or her juvenile record restricted.

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 Seal Juvenile Records