Unfortunately, a Georgia 酒后驾车 conviction on your criminal record can not be expunged. 然而, if your 酒后驾车 charge has been dismissed 或其他wise not prosecuted, the prosecuting attorney may allow the expungement of the charge from your record.
A 迪卡尔布县 expungement lawyer could assess your case, 确定你是否有资格被删除, 努力洗清你的罪名. 与…交谈 熟练的辩护律师 罗伯特詹姆斯 about your options, reach out today.
Are You Eligible to Seek Expungement in 迪卡尔布县?
There are many factors taken into consideration when attempting to have a criminal record expunged.
Some of the criteria that allows for eligibility are when you:
- Have no charges pending against you and have not been charged for any other offense in the past 5 years
- Were released by the arresting agency without being prosecuted or the charges were dismissed
然而, there are many exceptions to these conditions. You may not be able to pursue an expungement if:
- You entered into a plea agreement for the offense
- The government or a material witness was kept from introducing evidence or testifying
- The court decided not to pursue charges to preserve judicial resources
How Long Does It Take to Get a Record Expunged?
经验丰富的律师可以解释, it can take up to 150 days for your record to be expunged in 迪卡尔布县. 您还必须遵循以下流程:
Ask law enforcement for requirements to restrict the record
在收到申请后30天内, the arresting agency must forward the application to the prosecuting attorney’s office to verify that charges qualify for restriction
Within 90 days of receipt from the arresting agency, the prosecuting attorney will decide whether the record will be expunged.
A felony can go away from your record through expungement. 重罪通常是最严重的，而且 暴力犯罪. 重罪 include murder, arson, armed robbery, fraud, etc. Depending on the felony, the expungement process can vary from 4 – 7 years. A felony can take up to 4 years for it to be expunged from your records, while sex-related felonies and serious violent felonies can take up to 7 years.
What 重罪 Cannot be Expunged in 迪卡尔布县?
Not all criminal charges are eligible for restriction. 一般来说, 重罪定罪是不合格的, including (but not limited to) convictions for child molestation, 性侵犯, 性电池, 某些 盗窃犯罪以及某些严重的交通违章行为. So the most serious offenses can not be expunged, though a local expungement attorney could provide more clarification on whether a particular case is eligible.
If your charges were originally handled in Superior Court you can file a motion to restrict your charges under the original case number, with the judge that originally heard your case. A motion is a written request to the court to take an action.
The first step is to complete Section One of the three-paged Georgia Request for Expungement form. Next, the form must be taken to the arresting agency who completes Section Two. Lastly, the prosecutor either approves or denies the request in Section Three.
- Records will be erased from the arresting agency’s database
- Fingerprint cards, photographs, and any documents that relate solely to you will be destroyed
- Things that cannot be physically destroyed or that must be retained f或其他 reasons will be held on restricted access
A 迪卡尔布县 expungement attorney could take the lead in this process.
The only ones that can see expunged records in Georgia are by criminal justice officials for law enforcement, 就业, 或刑事调查目的. You may be able to have your criminal record restricted if, 例如, the charges against you were dropped or dismissed, 或者你在审判中被判无罪. 以下情况不适用本规则:
- Your case went to trial but you were not acquitted of all charges
- The conduct that resulted in your arrest was part of a pattern of criminal activity that was prosecuted in another state or country
当然也有其他例外. 第一次持有毒品, You may be able to have your criminal record restricted if you pleaded guilty to or were convicted of drug possession, 之前从未因毒品犯罪被定罪吗, and have successfully completed all terms of your probation.
如果你的记录被删除, you are legally able to state that you were never convicted of the crime on any application for 就业, 许可证, 或其他 公民权利 或特权. This can have a radical and life-changing impact on your future pursuits.
前任当选地区检察官 罗伯特詹姆斯 has the experience necessary to provide professional counsel during this complicated process and help you walk through the steps. He is backed by the resources and legal team needed to take on tough cases.
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