Fulton Georgia Affidavit in Support of Motion to Order Expungement of Criminal Record

State:
Multi-State
County:
Fulton
Control #:
US-02246BG
Format:
Word; 
Rich Text
Instant download

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

The process can take up to 150 days and is as follows: Contact the arresting law enforcement agency for the requirements to restrict a record.

In order to seal the court paperwork, a petition must be filed with one of our judges to have the court paperwork sealed. This service will be provided on site. You may fill out an application with our Record Restrictions Unit to inquire about sealing your record under O.C.G.A. § 35-3-37(m).

All misdemeanors are eligible for expungement except (OCGA 35-3-37(j)(4): Family violence simple assault, simple battery, or battery. Family violence stalking. Violating a family violence order. Child molestation (OCGA 16-6-4) Enticing a child for indecent purposes. Improper sexual contact by employee or agent.

The arresting agency or prosecuting attorney's office may charge fees of up to $50 to process the request. The Georgia Bureau of Investigation's Georgia Crime Information Center (GCIC) also requires a fee to process the records restriction in their state database.

The process requires a petition with a judge, and then the judge signs off on whether or not they will allow the record to be sealed. Records remain available for law enforcement.

GCIC usually processes complete record restriction applications within 2-3 weeks. You will receive a letter of completion in the mail confirming that the arrest has been restricted in the law enforcement database.

The process can take up to 150 days and is as follows: Contact the arresting law enforcement agency for the requirements to restrict a record.

Luckily, there is a process known as expungement in some places, and referred to as record restriction in Georgia, that allows you to restrict certain elements of your official criminal history from public view.

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Fulton Georgia Affidavit in Support of Motion to Order Expungement of Criminal Record