If you are seeking a Georgia expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Georgia Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
A person is eligible when the following conditions are met:
- Charges were nolled, dead-docketed, or dismissed because of plea agreement resulting in conviction;
- The government was barred from introducing material evidence;
- A material witness refused to testify or was unavailable to testify without legal right to do so;
- The attorney elected not to prosecute for reasons of judicial economy because defendant was incarcerated;
- The person completed a pretrial diversion program, the terms of which did not specifically provide for expungement;
- Conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court; or
- Diplomatic, consular, or similar immunity prevented a conviction.
Additional restrictions on who can qualify for an expungement
Allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in the statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only. The arrest is expunged in its entirety from the FBI criminal history record.
The following are examples of final court dispositions that may qualify:
- Not Presented to Grand Jury:
- No Further Action Anticipated;
- Nolle Prossed/Prosequi;
- Dead Docket; or
- No Record on File
Does the law provide for sealing? What are the requirements?
Records of arrest, including any fingerprints or photographs of the individual taken in relation to the arrest. may be expunged. DNA profiles of persons whose convictions are reversed and cases are dismissed may be expunged.
Records of juveniles not adjudged to be guilty of delinquency may also be expunged.
What does it mean if you have a record expunged or sealed
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges is expungement.
The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred
No. The records cannot be accessed for general law enforcement or civil use. The records are to be expunged by destroying the fingerprint cards, photographs, and documents relating exclusively to the person. Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved for constitutional reasons shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court.
Are you eligible for a Georgia Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Georgia soon.