State law recognizes the devastating impact a criminal record can have on someone’s future. The Second Chance Law amended Georgia Code Annotated § 35-3-37 as part of a wave of reform in the criminal justice system. It is now easier for first offenders to get their criminal records expunged with help from a knowledgeable defense attorney.
Under the newer rules, offenders with nonviolent misdemeanor offenses may be eligible to have their records expunged. The law has strict limits but opens up possibilities for offenders, which can improve employment and housing options. A Doraville expungement lawyer can review your case and let you know if expungement is an option.
Understanding Expungement
Expungement is a way of deleting a criminal record. Per state law, expungement is for public view. Law enforcement agencies, courts, and other actors in the criminal justice system can generally still see someone’s record.
The court will consider several factors to determine whether someone is eligible for expungement. The severity of the crime, the length of time since the person finished serving their sentence, and the defendant’s prior criminal history all impact the ability to expunge a criminal record.
Limited to Misdemeanor Offenses
Like many other second-chance acts, state law restricts expungements to misdemeanor convictions. However, if a defendant had a felony charge but no conviction, they may be able to get the felony record sealed from view. Not every felony is eligible, even if a person is not convicted. Family violence, sex crimes, and DUIs always stay on a criminal record.
The offender’s age also matters. A court can expunge first-time alcohol possession offenses for minors. An expungement lawyer in Doraville could determine an offender’s eligibility to have their record sealed.
Deferred Adjudication
The state offers a deferred adjudication option for some offenders. Under deferred adjudication, an offender completes a pre-conviction diversion program. If they complete the program, the court dismisses the charges. Then, the offender does not have a conviction on their record, which makes it easier to delete the record.
First-time offenders should try to take advantage of deferred adjudication when possible because it offers the most accessible pathway to a clear record. A lawyer in Doraville can work with you to help you arrange a deferred adjudication plea and handle your expungement case after the successful completion of your required program.
Who Qualifies for Sealing or Expunging Records
When a defendant petitions for sealed or expunged records, the prosecution gets a say in the decision. They can grant or deny the application, which means the defendant’s reputation is essential. If a defendant has a spotty criminal record or associates with disreputable people, the prosecution may choose to deny the application. The prosecution must find a person who is abiding by the law when they investigate the application.
People who may qualify for expungement are those whose charges were resolved without an indictment or conviction and who are not facing any additional prosecutions. An applicant cannot have anything on their criminal record for five years prior.
A lawyer in Doraville could explain the expungement process before a client enters any plea deals because not everyone is eligible. No-contest pleas, criminal convictions, prosecutions for the same behavior, or completion of an unrelated pretrial diversion program can impact eligibility.
Get a Second Chance with Help from an Expungement Attorney in Doraville
A criminal record impacts much more than your outcome in criminal trials. It influences hiring decisions, housing decisions, and more. It can even damage your reputation, limiting your opportunities. The older the offense is, the less likely it is to impact you, but even old offenses, arrests, or charges can continue to impact you.
Expungement or sealing your record is not possible for everyone. However, you owe it to yourself to explore whether it is an option for you. Schedule a consultation with a Doraville expungement lawyer. They will assess your situation, let you know if expungement is an option, and, if not, review other possibilities.
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