Georgia Expungement and Record Restriction
Now that you have been arrested the arrest will show on your criminal history. As soon as they fingerprinted you at the jail it created a criminal history. This is not fair because you have not been convicted of anything, however, they do this so they can keep track of people who get arrested multiple times before they are ever convicted of anything.
If you were to apply for a new job, or someone was to do a criminal background check on you the check would show whether or not this is the first time you’ve been arrested, which agency arrested you, that the arrest is for driving under the influence, and below all of that information there is a place for the final disposition of the case, and this area would be blank showing that the case is still pending. The arrest stays on your record forever, and does not age off. Georgia has some of the harshest laws in the country when it comes to expunging, or removing, an arrest from your criminal history. However, in some circumstances it may be possible to remove the arrest from your criminal history.
Nothing appears on your driving history until you are convicted so the DUI is not on your driving history. If your case is ultimately dismissed then the charge will never appear on your driving history. Also, if your case gets reduced to a lesser charge then the lesser charge would appear on your driving history, but not the DUI. People often believe that a charge ages off of your driving history after 7 years, but this is not true. People believe this because most insurance companies, and employers, cannot perform a driving history more than 7 years back. However, police officers, prosecutors, and law enforcement officials, and anyone else who can perform a complete driving history check will always be able to see anything that goes on your driving history. Even though being arrested itself does not cause anything to appear on your driving history it is still vitally important to file a 10 Day Appeal Letter to stop any administrative suspensions that the officer may be taking against your license. Be sure to watch my video on administrative license suspensions for more information.
If you were arrested before July 1, 2013 you will need to apply for a Georgia expungement and record restriction. If you were arrested after this date the Georgia expungement and record restriction will happen automatically if your case meets the criteria for a Georgia expungement and record restriction. You do not have to apply for a Georgia expungement and record restriction if your arrest date is after July 1, 2013.
After a Georgia expungement and record restriction private employers and individuals will not be able to see the charge on your criminal background. However, the government, law enforcement, prosecutors, and the courts will always be able to see the charge. Additionally, expunging and restricting your record does not mean private entities such as Google and Mugshots.com will no longer display your arrest information.
What is it?
In Georgia, the process of removing charges from your criminal history is known as record restriction.
The first situation where record restriction is possible is when the charges against you have been closed without conviction. The second situation where record restriction is possible is if you were convicted of a crime while you were a youthful offender. The third scenario where record restriction is possible is if you were charged with a felony, but the felony was closed without conviction and you plead to an unrelated misdemeanor.
Each of these three scenarios comes with its own unique and strict set of exceptions. For example, when charges against you are closed without conviction but you had immunity, your record can not be restricted.
To learn more about whether you qualify for a record restriction, contact us today.