How to Expunge a DUI in Georgia?

It is a complex process to expunge a DUI in Georgia, and it depends on various factors. Many individuals may wonder how to expunge a DUI in Georgia.

In most cases, Georgia does not allow for automatic expungement or sealing of DUI records. However, the circumstances of the case, the individual’s criminal history, and whether or not the case resulted in a conviction could lead to dismissal, acquittal, or other specific scenarios that would allow the case to be eligible for expungement.

Understanding DUI Expungement in Georgia

Although full expungement is nearly impossible for a DUI charge in Georgia, there are instances where record restriction could be a possible result. Expungement or record restriction refers to the legal process of removing or sealing criminal records from public access.

Although other crimes may be eligible for full expungement under Georgia law, DUI is one of the offenses that has strict conditions. Georgia has a limited expungement process. There are only very specific and certain conditions, dismissals, and other legal outcomes that can be sealed.

Eligibility for Record Restriction in Georgia

The key to determining whether or not a case will be eligible for record restriction is to understand the circumstances surrounding that particular case. There are certain situations where a DUI charge may be eligible for record restriction. These include:

• Dismissal of Charges: You may be eligible for record restriction if your DUI charge was dismissed. This occurs when the prosecutor or judge decides to drop the charges against you. If the DUI case is dropped before conviction, you may be eligible, but you will need to file a request for the record to be restricted by filing a petition with the court.
• Acquittal: When a judge or jury finds you not guilty of a DUI charge, you are eligible to have your records restricted. The same goes for dismissal; you will need to file a petition with the court for this to occur.
• Completion of Pretrial Diversion Program: The state of Georgia offers pretrial diversion programs for certain offenders. These programs are typically only offered to first-time offenders and allow the individual to complete certain requirements in exchange for the dismissal of charges.

If you successfully complete the program and the charges are dismissed, you may be eligible for record restriction once you file your petition with the courts.

Ways to Receive Expungement for DUI in Georgia

There are very limited options for receiving expungement or record restriction for DUIs in Georgia. Unless under particular circumstances, your record will likely remain public. Two very specific ways one may be granted expungement for a DUI are a pardon from the Governor or if you were a juvenile when the charge occurred.

You may apply for your charge to be expunged by asking for a pardon from the Governor. To do this, you must formally apply to the State Board of Pardons and Paroles for a pardon. The Board will review your application and determine whether to grant the pardon. To be eligible for this, you must show good behavior, complete any required programs, and show that you have been rehabilitated.

For those cases that occurred when the offender was a juvenile and conviction occurred in the juvenile court system, you may be able to request record expungement once you become an adult. To do this, you will need to file a petition with the juvenile court.

Expungement or Record Restriction Process in Georgia

The process of requesting record restriction or expungement for a DUI charge in Georgia varies depending on whether the charges were acquitted, dismissed, or occurred as part of a pretrial diversion program. However, there are general steps involved in both of these processes. These include:

• Step 1: Determine Eligibility. The first step is to determine whether you are even eligible. If you were convicted of a DUI, your record is generally not eligible for expungement or record restriction unless you are granted a pardon or meet other special criteria.
• Step 2: Obtain Case Documents. You will need to collect all relevant case documents, including court records, police reports, and any evidence of the outcome of your case, such as dismissal, acquittal, or completion of a diversion program. If you do not have these documents in your possession, you may request the records from the courthouse or law enforcement agency.
• Step 3: File a Petition. Once you have gathered your documents, you may file a petition for record restriction with the appropriate court. Your petition will need to include details of your case and the outcome of your case. This petition must be filed in the court where the original case was heard, and there will be a filing fee associated with submitting the petition.
• Step 4: Attend a Hearing. There are some cases where you may be required to attend a hearing where a judge will review your request. During this hearing, you may have to provide additional documentation or testimony to support your case.
• Wait for the Court’s Decision: The court will make a decision regarding your record restriction after your petition is filed and any necessary hearings have occurred. Even if your petition is granted and sealed from public view, it may still be accessible to certain government agencies or for specific legal purposes.

How a Lawyer Can Help With Record Restriction in Georgia

An experienced lawyer can help with the process of expungement or record restriction in Georgia. A lawyer understands how having a DUI on one’s record can have serious long-term consequences. A lawyer may be able to:

• Review Eligibility for Expungement or Record Restriction
• Challenging the DUI Conviction
• Negotiating in Reduction of Charges
• Apply for Record Restriction
• Guidance on the Impact of a DUI Record
• Exploring Alternative Sentencing Programs

Although DUI convictions are typically not eligible for expungement, they may be eligible under special circumstances. An experienced lawyer can provide post-conviction options, such as appealing or challenging a conviction. A lawyer can help ensure that you meet all procedural requirements and that no errors have been made, increasing your chances of being granted a record restriction.

FAQs

Can I Get a DUI Removed From My Record in Georgia?

A DUI conviction cannot be removed from a record in Georgia. However, if the DUI charge was dismissed or not prosecuted, a person can apply to have the DUI either expunged or for record restriction, depending on the circumstances surrounding the case. An experienced lawyer can help you weigh your legal options.

How Long Does a DUI Stay on Your Record in Georgia?

In Georgia, a DUI conviction will stay on a person’s record permanently. It will appear on background checks, and there will be no options to get it removed. This is why it is vital to have a lawyer on your side if you are facing a DUI charge in Georgia, as they have a greater chance of getting the charge lessened or dismissed, avoiding the mark on your record.

How Much Does It Cost to Expunge a Record in Georgia?

The cost to expunge a record in Georgia depends on a variety of factors. The charge, criminal history, and county all factor into the price it takes to get something removed from your record. The process is also lengthy, and fees for court hearings and a lawyer will also factor into the total cost.

What Is the Clean Slate Act in Georgia?

The Clean Slate Act implements laws that can clear records for those who have successfully completed their sentence. This can be done automatically for those who have remained crime-free after completing their sentence. This act aims to provide those who have been previously charged or convicted the opportunity to have a better chance in the workforce and to be able to get an education in Georgia.

Contact The Fleming Firm

If you are trying to expunge or apply for record restriction for a DUI in Georgia, it is time to get in contact with The Fleming Firm. Our legal team has the knowledge and experience needed to help you with this process. It is complex and often challenging. Our lawyers can provide guidance to our clients during this time. Contact our office today.