I cannot count the number of times I get calls from clients that are desperate to get an arrest removed from their criminal history.
Often, they are having routine background checks performed at work and want to avoid the embarrassment of having to answer questions about an old arrest.
Worse, some are actually trying to get a job and know that an employer may consider an arrest when choosing between candidates for a job.
Fortunately, the State of Georgia sets out a statutory process by which you can get an arrest removed from your criminal history.
Unfortunately, the prosecuting agency for the county of arrest gets to make the decision whether or not you qualify for expungement, and you have to meet certain qualifications to be successful.
The Official Code of Georgia section 35-3-37 tells you that you have the right to expunge an arrest where no indictment or accusation has been filed against you if you meet the following criteria: • The charge has to have been dismissed (again, for this right to apply the dismissal must take place before an indictment or accusation is filed) • No other criminal charges can be pending • Within the last five years, you cannot have been convicted of the same or similar offense anywhere.
This means that the Prosecutor has no choice in the matter and your record will be cleared.
However, if your case was dismissed after being Indicted or Accused, more conditions must be met.
The law in Georgia gives you a laundry list of reasons a prosecutor can site to prevent your case from being expunged.
These include dismissals due to plea agreements, motions to suppress, or general indifference to prosecution due to other charges being pursued.
If you want to try and expunge your record on your own, this is what you will need to do: 1) You must obtain a recent copy of your criminal history.
This is a necessity because in order to expunge your record you have to pinpoint what arrest that you want removed from your record.
You can get a copy of your ctriminal history at any Sheriff's office in Georgia for a fee.
2) Fill out an appropriate request for expungement.
Many Sheriff's offices have this paperwork on file.
If they do not, you must specify what you want removed from your record, and why you want it removed.
Please note that you must file this request in the county where the arrest occurred.
3) Wait.
Expungement is a process, as the requset has to be transferred to the prosecutor's office.
I have found it helpful to contact the prosecutor's office beforehand to talk with the person handling expungements.
Should the Prosecutor not grant the request there is still hope.
Georgia law provides that an appeal of the prosecutor's decision is possible if brought within thirty days to the Superior Court of the county where the arrest occurred.
This means you will get the opportunity to explain your situation to a judge who may decide to rule in your favor, even if all the conditions that force a prosecutor to expunge your case are not fully met.
Clearly, there are a number of pitfalls that may occur when trying to clear your record.
Ultimately, you may discover that an expungement is not the best option for your situation.
There is still hope though, as an expungement is but one of many options available through Georgia and sometimes even Federal law.
In some cases an appeal or habeas motion may fit your situation better.
Contact an attorney as soon as possible for a consultation and discover which option works best for you.