Do you have a criminal record? Is it hampering your job opportunities? Or do you just want people to not be able to see it? Whatever your reason, you may be eligible to have what Georgia calls a Record Restriction.
Having a potential employer discover an isolated incident that happened years ago in your youth can be a terrible occasion. First, you may not even get the job, but, if you do, you still will know that your employer knows you did what you did so long ago. Who wants to go through that?
In certain scenarios, you may be able to have your record restricted (what everyone usually calls expunged).
But, first, if you were convicted of Driving Under the Influence, don’t get your hopes up. Absent reopening that case (which is incredibly difficult and must be done within a short time of the case being concluded), Georgia law does not provide for the restriction of a DUI arrest/conviction. However, if you were found not guilty of the DUI, and the arrest is still showing on your record, you may be eligible to have that arrest restricted.
Second, if you were under 21 at the time of your case, you might be eligible for record restriction in Georgia. Likewise, if you completed a pretrial diversion program, you may be eligible to have that arrest restricted.
Next, Georgia recently passed a law allowing people to be adjudicated as a Retroactive First Offender. Under old Georgia law, if you entered a guilty plea to anything, you were not eligible to have your record restricted. However, depending on certain circumstances, if you were convicted of your charge(s) in the past, you might be able to apply to have your case discharged – which means that your conviction will not appear on your criminal history.
Finally, even if you are not eligible to have your record restricted or to be adjudicated a Retroactive First Offender, you are not totally out of options. You may be eligible for a pardon or to have your firearms rights restored.
A careful examination of your criminal history (which can be obtained at any Georgia Sheriff’s Department for a small fee) and of your court paperwork (which can be obtained at the courthouse for a small fee) will allow us to determine if you are eligible for record restriction. The attorneys at Brown, Barbour, & Thrailkill, P.C., will look at all of your paperwork and advise if restricting your record is a possibility for you. Call today at 770-461-2025 to schedule a free consultation. We look forward to helping you with your record restriction.
