Unfortunately, a Georgia DUI conviction on your criminal record can not be expunged. However, if your DUI charge has been dismissed or otherwise not prosecuted, the prosecuting attorney may allow the expungement of the charge from your record.
A DeKalb County expungement lawyer could assess your case, determine your eligibility for expungement, and work to get your record cleared. To speak with skilled defense attorney Robert James about your options, reach out today.
Are You Eligible to Seek Expungement in DeKalb County?
There are many factors taken into consideration when attempting to have a criminal record expunged.
Some of the criteria that allows for eligibility are when you:
- Can prove that your record is not accurate
- Have no charges pending against you and have not been charged for any other offense in the past 5 years
- Were released by the arresting agency without being prosecuted or the charges were dismissed
- Were charged as a juvenile
However, there are many exceptions to these conditions. You may not be able to pursue an expungement if:
- You entered into a plea agreement for the offense
- The government or a material witness was kept from introducing evidence or testifying
- The court decided not to pursue charges to preserve judicial resources
- You have a pattern of criminal activity
How Long Does It Take to Get a Record Expunged?
As a seasoned attorney could explain, it can take up to 150 days for your record to be expunged in DeKalb County. You must also follow the process:
Ask law enforcement for requirements to restrict the record
Submit the applications and other documents
Within 30 days of receiving the application, the arresting agency must forward the application to the prosecuting attorney’s office to verify that charges qualify for restriction
Within 90 days of receipt from the arresting agency, the prosecuting attorney will decide whether the record will be expunged.
Does a Felony Ever Go Away?
A felony can go away from your record through expungement. Felonies are usually the most serious and violent crimes. Felonies include murder, arson, armed robbery, fraud, etc. Depending on the felony, the expungement process can vary from 4 – 7 years. A felony can take up to 4 years for it to be expunged from your records, while sex-related felonies and serious violent felonies can take up to 7 years.
What Felonies Cannot be Expunged in DeKalb County?
Not all criminal charges are eligible for restriction. As a general rule, felony convictions are ineligible, including (but not limited to) convictions for child molestation, sexual assault, sexual battery, certain theft crimes, and certain serious traffic offenses. So the most serious offenses can not be expunged, though a local expungement attorney could provide more clarification on whether a particular case is eligible.
How Do You Get a Felony Expunged?
If your charges were originally handled in Superior Court you can file a motion to restrict your charges under the original case number, with the judge that originally heard your case. A motion is a written request to the court to take an action.
How to Expunge a Criminal Record
The first step is to complete Section One of the three-paged Georgia Request for Expungement form. Next, the form must be taken to the arresting agency who completes Section Two. Lastly, the prosecutor either approves or denies the request in Section Three.
If your request for expungement is approved:
- Records will be erased from the arresting agency’s database
- Fingerprint cards, photographs, and any documents that relate solely to you will be destroyed
- Things that cannot be physically destroyed or that must be retained for other reasons will be held on restricted access
A DeKalb County expungement attorney could take the lead in this process.
Who Can See Expunged Records?
The only ones that can see expunged records in Georgia are by criminal justice officials for law enforcement, employment, or criminal investigation purposes. You may be able to have your criminal record restricted if, for instance, the charges against you were dropped or dismissed, or you were found not guilty at trial. This rule does not apply if:
- Your case went to trial but you were not acquitted of all charges
- The conduct that resulted in your arrest was part of a pattern of criminal activity that was prosecuted in another state or country
There are other exceptions as well. For a first time drug possession, You may be able to have your criminal record restricted if you pleaded guilty to or were convicted of drug possession, were never before convicted of a drug offense, and have successfully completed all terms of your probation.
Contact a DeKalb County Expungement Attorney
If your record is expunged, you are legally able to state that you were never convicted of the crime on any application for employment, license, or other civil rights or privileges. This can have a radical and life-changing impact on your future pursuits.
The former elected District Attorney Robert James has the experience necessary to provide professional counsel during this complicated process and help you walk through the steps. He is backed by the resources and legal team needed to take on tough cases.
Call our DeKalb County expungement lawyer today to arrange a free consultation! We are here to help.