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R
ecent changes to Georgia Expungement laws require strong attention to detail to preserve your most fundamental rights

When someone is arrested in Georgia the impact could remain long after the case is closed, even if the charges are dropped. If a case is not closed out properly, it could lead to issues with employment, housing, financial loans, educational tuition and the like. At Arora & LaScala, our attorneys will make sure that an expungement is properly filed to preserve your best interests. Whatever the circumstances of your case, whether it is open or pending, our attorneys are thoroughly versed in the specific procedures required to ensure the record is properly expunged.

Our attorneys handle all forms of expungements cases

Georgia law allows individuals to examine their own criminal records as maintained by the Georgia Bureau of Investigation (GBI) at the Georgia Criminal Information Center (GCIC). If a review of your criminal history record causes you to believe it is inaccurate or incomplete, you may obtain representation to file the appropriate documentation to request that the arresting agency expunge, purge, modify or supplement the criminal history records, including fingerprint cards, and to notify the GCIC of the changes that need to be made. Georgia law allows for expungement of arrest records where charges are dismissed by the prosecuting attorney’s office before formal charges are filed in either the form of an indictment or accusation; when charges are dismissed because of judicial economy; when one is acquitted after trial; where one successfully completes a sentence under the Conditional Discharge statute; where one successfully completes a drug or mental health treatment program; when a case has been placed on a court’s dead docket for more than 12-months; when a conviction is reversed or vacated; when youthful offenders plead guilty to certain misdemeanor charges and when felony charges are dismissed but a guilty plea is entered to unrelated misdemeanor charges. No matter the circumstances surrounding your case or your charges, the attorneys at Arora & LaScala know exactly how to properly handle the expungement process.

P
owerful representation for Georgia expungements

The process for expungement strictly depends on the date of your arrest and how the case was ultimately resolved. The process varies depending on whether you were arrested before or after July 1, 2013. The process requires qualifying the person arrested for expungement eligibility under the new Official Code of Georgia Annotated §35-3-37. Not all expungement matters are handled the same way. Each expungement matter is unique and requires a thorough understanding of the legal resolution of the case. As experienced expungement attorneys, we offer unparalleled representation in all cases, including:

  • Nolle Prosequi or Dismissed

    Generally, cases that are closed without a conviction will qualify for expungement. These include charges that are closed by the arresting agency after an investigation has been conducted, dismissed and/or nolle prosequi/nolle prossed by the prosecuting attorney and those not presented to the grand jury or twice no-billed by the grand jury.

  • Vacated/Reversed Conviction

    If a conviction has been vacated by the trial court or reversed by an appellate court, then you could qualify for expungement. To expunge a vacated or reversed sentence requires that a motion or petition be filed in the superior court of the county where the criminal history record is located. The superior court will hear evidence to determine whether expungement is appropriate. If the superior court orders an expungement, the appropriate documentation must be submitted to the jail in order to protect the criminal history from being released to the public.

  • Youthful Offender

    Certain misdemeanor convictions that occur before you turned twenty-one years old qualify for expungement. These matters require strict compliance with the sentence imposed by the court and also mean that the person convicted cannot have been arrested for any other offense for five years.

  • Conditional Discharge

    Under the Conditional Discharge statute, certain first time drug offenders can plead guilty to their charges because if they successfully complete their sentence the case will be discharged without a conviction.

  • Dead Docket

    Placing a case on the court’s dead docket means the prosecuting attorney has suspended the case indefinitely. The court may reinstate the case at any point in time. Essentially, a dead docketed case remains pending while on the court’s dead docket. If the case was placed on the court’s dead docket and the prosecuting attorney has not moved forward with prosecution after twelve months, you can file a motion or petition to ask a superior court to expunge the criminal history record.

  • First Offender Act

    If you were arrested, plead guilty and sentenced as a First Offender and successfully completed your sentence, you will not have a conviction and the criminal history record will be sealed from your criminal history report. A guilty plea under the First Offender Act is a deferred adjudication. This means that even though you plead guilty, a conviction is not entered. This process requires strict compliance with the court’s sentencing recommendations in order to discharge the case without conviction. When the discharge is filed, the criminal history records are restricted and sealed from your GCIC criminal history report.

— PUT OUR EXPUNGEMENT LAW EXPERIENCE TO WORK FOR YOU —

You need experienced legal counsel that can help you every step of the way. Call Arora & LaScala at 404-881-8866 or contact us online today for your free initial consultation. We proudly assist clients who speak Spanish (Se habla Espanol), Mandarin (会讲普通话), or Hindi.