Atlanta Expungement Lawyer

Expungement is a legal process that allows you to seal criminal records to restrict or erase them from public view. The process is available for those who qualify and gives them a chance to start over. That means the information will no longer appear when you submit background checks, whether for jobs, new housing, or professional licenses.

The sealed record allows you to avoid problems people face in society because of the stigma and employment requirements regarding those with criminal records. Contact an Atlanta expungement lawyer to schedule an appointment, answer your questions, and review your case and options.

Eligibility Requirements

Some serious criminal convictions that could place the public at risk by sealing are not eligible for expungement. Examples include murder, and serious violent criminal actions, such as sexual assault, rape, or child molestation.

An attorney in Atlanta could tell you that misdemeanor convictions are eligible for expungement and certain felony convictions under the statute, and the person may seek expungement for up to two years. The requirements for the individuals include completing the time required for the sentence, including probation or parole, and having additional and recent convictions. Usually, those with errors on their permanent criminal record would also qualify.

The Expungement Process

To initiate the expungement process, the individual must petition the court with the help of a lawyer in Atlanta. The case must include information about the arrest, conviction, sentencing requirements, and completion of penalties.

After the criminal court judge grants the expungement and provides the order, contact the police agency that arrested and incarcerated you, if applicable, to ensure they know about and comply with the order. The state offers three options for expungement, and the type you apply for depends on the case specifics. The three options include:

Restrict and Seal

Restrict and seal allows you to seal your criminal records. Under the Official Code of Georgia Annotated § 35-3-37, people with up to two misdemeanor convictions can complete the records restriction process.

Once approved, the records are only accessible to police officers and other criminal justice agencies. However, the information will not show on background checks completed by third-party organizations. After completing the process, the individual will not need to provide information about the arrest or conviction.

First Time Offenders and Retroactive First Offenders

The second, the retroactive first offender, is available for first-time offenders with qualifying felony convictions. Those who are first-time or retroactive offenders may be eligible.

Retroactive means the qualifying felony is not on your record yet, and the prosecutor approves the expungement before filing it with the court. Qualifying criminal actions include non-violent felonies, and the individual must have a witness to testify on your behalf, vouching for your character.

Vacate, Restrict, and Seal

The third is called vacate, restrict, and seal and is available to victims of sex trafficking. The Survivors First Act allows victims to seek expungement of records for criminal convictions for crimes they committed while they were victims of trafficking. We could review each option and help determine the best process for your unique situation and desired outcome.

Contact an Expungement Attorney in Atlanta Today

There are many benefits those approved enjoy after completing the expungement to seal their criminal records. One significant benefit is no longer having to explain your criminal history on job applications, providing you with more employment options.

Other advantages may include less trouble obtaining new housing, applying for higher education or professional licenses, and restoring your gun rights for those qualified to seal felony convictions. A knowledgeable Atlanta expungement lawyer could help prepare and file the petition to initiate the process and communicate with the court on your behalf. Call today to review your options later this week.