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Georgia Expungement Law for Arrests and Convictions

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Georgia Expungement Law is a complicated law that allows for a record or arrest cycle to be sealed (except to law enforcement and prosecutors) under certain circumstances including approval by the prosecutor.  (See O.C.G.A. § 35-3-37(d) (1).)

If the case is Dismissed, Not Presented to the Grand Jury, Nolle Prossed/ Nolle Prosequi, Dead Docketed, marked No Further Action Anticipated or No Record on File, then a GA expungement may be possible.  Charges that are resolved by Guilty Plea, Not Guilty, Nolo Contendre, and First Offender Act are not eligible for expungement in Georgia .

A Georgia expungement request requires various filing fees (usually $25.00 to the local agency and $25.00 to the State) and an application that is filled out by the defendant and is then filed with the arresting agency.  Once filed with the arresting agency, the agency sends it to the prosecutor for approval.  If the application is approved by the prosecutor, then the expungement request is sent to the Georgia Criminal Information Center.

Georgia Expungements are generally reserved for ‘mistakes’ regarding arrests. If the case gets to far along in the system, an expungement in Georgia can go from very hard to obtain to almost impossible. It is always advisable to consult with expungement lawyers in Georgia whenever criminal charges are or may be brought by the State of Georgia.

At Breakfield & Associates, Attorneys, Georgia Criminal Defense Attorney John Breakfield welcomes anyone with any sentencing or criminal defense questions to Call or Email him.  Please remember that all criminal defense initial consultations are free of charge.

About the author: John Breakfield is a Criminal Defense attorney with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles matters regarding Georgia Criminal Defense and Sentencing.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes.  Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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