A popular question for people arrested and charged with crimes is whether they can get their record expunged. In Georgia, if you are convicted of a crime - even if you pled to a reduced charge or entered a nolo plea - you are not eligible for expungement. However, if your case was dismissed ("nolle prossed"), or you entered into some sort of diversion program instead of entering a plea and your case was placed on a dead docket, you are eligible for expungement.
You can get the arrest expunged; however, law enforcement officers will still be able to see that you were arrested before. Importantly, regular companies that do background checks for hiring or to rent an apartment will not be able to access the arrest once it is expunged.
To get an expungement in Georgia, it's best to contact an Atlanta criminal defense attorney as soon as possible. The first thing an attorney will do is contact the agency that performed the arrest and request an expungement. The arresting agency will then contact the prosecutor's office that brought charges against you. If they determine that the case is eligible for expungement, they will forward the form to the Georgia Crime Information Center (GCIC). The GCIC will then remove your arrest from your criminal record. Again, law enforcement agencies will still be able to access the information, but companies that seek background checks as part of the hiring process will not.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
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