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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Expungement in Georgia

    My question involves expungements or pardons for the state of: Georgia

    How do I get a 2005 shoplifting conviction expunged?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Expungement in Georgia

    Georgia appears to permit expungement only where criminal charges against the applicant have been resolved without a conviction and the applicant has not been convicted of a crime in the past five years; or the applicant has a juvenile record, but was not adjudicated delinquent. 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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