Being convicted of a crime can make life difficult, even if you've already paid your dues. Fortunately, in some cases, Georgia law will allow you to expunge—or seal—your criminal record, making it easier to find housing, get a new job, or be approved for a major loan. Here are the answers to a few of the most common questions criminal lawyers often receive about this process.

What You Should Know About Record Expungement

What is expungement?

An expungement refers to sealing an individual’s criminal record, making the information inside it unavailable to anyone who might conduct background checks. Unlike other states, though, Georgia doesn’t let individuals expunge their criminal records. Instead, they allow for something known as a “record restriction,” which conceals arrests and convictions to anyone who is not a law enforcement official. 

How do I know if I qualify for record restriction?

Qualifying for record restriction is very rare and requires unique circumstances. To be considered eligible, the prosecutor needs to have failed to file an indictment or the charges need to have been dismissed.

Other situations in which you might qualify include successfully completing a sentence and being off probation on a drug possession charge, successfully completing a drug or mental health treatment program, or being under the age of 21 at the time of your conviction.

Can all records be restricted?

While Georgia law makes record restriction available for a broad range of charges, some offenses are automatically considered ineligible. These include prostitution, DUIs, vehicular homicide, child molestation, sexual battery, theft, and fleeing the scene of an accident.

Can a felony charge be restricted?

No felonies, charges that result in a sex offender registration, or any case that involved a death may be expunged. However, if you were originally charged with a felony but ultimately only convicted of an included misdemeanor, your criminal lawyer might be able to successfully petition for a record restriction.

If you need a criminal lawyer to help apply for record restriction, turn to the counselors at Bray & Johnson. Based in Canton, GA, these attorneys are skilled at helping clients throughout Cherokee County navigate Georgia’s legal system. Give them a call today at (770) 479-1426 to schedule a consultation and visit them online to learn more about the firm’s decades of experience.