Expungement: A Brief Overview
We’ve all heard of expungement, but how many of us know exactly what it is? Expungement is a court-ordered process that seals (or erases) the legal record of an arrest or criminal conviction. Expungement may also be called “expunction” and the whole process may be referred to as “setting aside a criminal conviction”. In Georgia, the process is called “record restriction”. Eligibility for and the process of expungement will vary from state to state, and possibly even county to county.
What are the legal effects of an expungement?
An expungement means that an arrest or conviction has been sealed (erased) from a person’s criminal record for MOST purposes. Once the process is complete, the person whose record was expunged generally does not need to disclose the arrest or criminal conviction when filling out a job application or a rental application. In most cases, if a potential employer, educational organization, or a similar company conducts a background check on an individual, no record of an expunged arrest or conviction will be found.
However, an expunged arrest or conviction is not always completely erased. Some government agencies, including law enforcement and the criminal courts, will still be able to see the expunged arrest or conviction. This is why arrests or convictions are sometimes referred to as being “sealed” as opposed to expunged. During some legal proceedings, arrests and convictions can still be used as proof of a prior conviction.
Are you eligible for an expungement?
Although expungement may be an option in the state or county of your conviction or arrest, you still may not be eligible depending on your criminal record. Your criminal record has to meet certain criteria in order to qualify for an expungement.
Your eligibility for an expungement can depend on a variety of factors including:
- The amount of time passed since the arrest or conviction you are trying to have expunged
- The type, nature, and severity of the conviction you are trying to have expunged. For example, an expungement for a violent sex offense may be denied.
- Your prior criminal history including arrest and convictions in all jurisdictions- not just the one in which the expungement is being sought.
- The type, nature, and severity of all events in your criminal record.
Depending on your state and county, there may be some applicable eligibility rules that pertain specifically to arrest and convictions that occurred while you were a juvenile. There may also be special eligibility rules that apply specifically to expungements for sex offenses.
What about expungement in Georgia?
Expungement in the state of Georgia is called record restriction. In Georgia, if your arrest was not referred for prosecution, it will eventually be restricted from your criminal history, Misdemeanors and felonies are subject to different timelines for this. There are three general situations in which an arrest can be restricted from your criminal history- non-convictions, youth offenders, and if you were charged with a felony but convicted of an unrelated misdemeanor.
The state of Georgia has many provisions and special rules for having your record restricted. For more specific information, you can visit the Georgia Justice Project’s Expungement FAQ page.
If you or someone you know needs help with a record restriction in Georgia, call Kyle today at (770) 744-5250 for your FREE consultation.
