Removing An Arrest

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If you’ve been charged and convicted of a crime, the consequences could harm your life for years. People who have records face obstacles with housing, employment, educational opportunities, and more. 

There are ways to manage your reputation after you have been convicted. Wiping your criminal record from your past is liberating and freeing. The process can be difficult and time consuming, however your future and reputation are worth it!

The ease at which you can erase any evidence like mug shots or court records depends on the severity of the crime, the time elapsed since you committed the crime, and the disposition of your criminal case. 

What is record restriction?

Record restriction (also known as expungement) is the process that restricts a person’s official criminal history report from public view (not all records are eligible). Making them visible only to law enforcement for criminal justice purposes. 

Sometimes the words expungement and seal are used interchangeably, but that is not accurate. Expunging deletes the records permanently, whereas sealing them removes them from the public record. 

Since there is no overarching federal law on eligibility for expungement, these laws vary state by state. Some states, like Georgia, have renamed this process “Record Restriction.”

Who is eligible for expungement?

The steps you need to take if you want to get your record expunged depend on where you live and other factors, such as:  

  • If you were convicted of the crime, you were accused of
  • If a conviction occurred, how severe was the crime
  • How long it has been since your arrest
  • If you have completed all of the conditions the court has tasked you with, including fines, jail time, or probation
  • If you have been convicted of other crimes. 

Getting the Help You Deserve

In Georgia, if you were arrested but not convicted of a crime, or the charges against you were dropped or dismissed, you can get your record expunged.  However, your criminal case having been dismissed is not the only way to expunge (restrict) your record in Georgia. There exists legal recourse under the following outcomes – Dead Docket, Youthful Offender, First Offender, Retro Active First Offender, Misdemeanor Conviction, Not On Docket Dismissal, Conditional Discharge and more. 

Therefore, if you think your record cannot be restricted because your case was not dismissed, you should consider consulting with an attorney that understands all of the available procedures that can help wipe your record clean.

The team at The LaScala Firm understand the types crimes that may or may not be eligible for record restriction under Georgia’s “second chance” laws. Our team will gather the necessary documentation to have your record wiped clean and give you the fresh start you deserve.