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  1. #1
    Join Date
    Mar 2007

    Default Georgia Expungement, How and When?

    I will finish up community server this week and classes will be all done, and will see probation officer this Friday.

    In my probation paperwork, somehow my attorney did not negotiate with the court for me to eligible for expungement. It is not checked.

    can I still expunge after my case is dismissed? It is happened in Gwinnette County, and I really wish I can have this done as soon as possible, because some possible job background screen is going on now.

    Anybody please help?

    If after next friday, How long it will take to have my case dismissed? And after my case dismisses, how long I can get it expunged? How long it will take the paper work to be affect?


  2. #2
    Join Date
    Mar 2005

    Default Re: Georgia expungement, how and when?

    According to Atlanta Legal Aid,
    Quote Quoting Georgia Expungement Law
    Records that Can be Expunged
    1. You were arrested, but were released without the offense being referred to the prosecuting attorney for prosecution, or the prosecuting attorney dismissed the charges without seeking an indictment or filing an accusation;

    2. No other criminal charges are pending against you; and

    3. You have not been convicted of the same or similar offense within the last 5 years.

    Records that Cannot be Expunged
    1. The charges were “nolle prossed”;

    2. The charges were dead docketed; or

    3. The charges were dismissed because:
    a. A plea agreement resulted in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction;

    b. The government was barred from introducing material evidence against you;

    c. A material witness refused to testify or was unavailable to testify against you (unless the witness refused to testify based on his or her statutory right to do so);

    d. You were in jail on other criminal charges and the prosecuting attorney decided not to prosecute for reasons of judicial economy;

    e. You successfully completed a pretrial diversion program that did not specifically provide for expungement of the arrest record;

    f. You were arrested for conduct that was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or foreign nation; or

    g. You had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution.

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