How do I expunge my criminal records?

Question:

How do I expunge my criminal records? Can an expungement lawyer help?

I was convicted in 1995 of armed robbery and aggravated assault. After serving 16 1/2 years in prison I was released on parole.

Answer:

Unfortunately, if you were Convicted of the Armed Robbery & Aggravated Assault you cannot have the charges Expunged. In Georgia a Criminal Conviction remains on your criminal history for your entire lifetime. This is why I always emphasize to potential clients the importance of fighting their charges to the fullest extent possible using the most experienced and capable expungement lawyer that is available to them.

I’m sorry this isn’t the answer you were looking for, but I believe it is accurate under the current Georgia law.

Is there any way to clean or expunge these offenses from my record?

Question:

Is there any way to clean or expunge these offenses from my record? I am afraid these past offenses won’t let me pursue my dream.

“When I was a young girl fresh out of high school, I became involved in an abusive relationship with a man who introduced me to drugs and prostituted me. I tried to get away several times, but was never able to. I was arrested a total of eight times in Georgia between 2009 and 2011 for a series of criminal offenses including: possession of controlled substance, possession of marijuana (less than 1 oz), possession of cocaine, failure to appear, and violation of probation.

In 2012 he finally got arrested and sent to prison, and I moved to Florida soon after. I got myself clean from drugs, but the only thing I knew to make money was prostitution, and I was arrested twice in Florida for Committing/Engaging in Prostitution. I tried to transition into odd jobs until I finally was able to get a job in a local restaurant.

Now I want to go to school and become a realtor.”

Answer:

First: I cannot answer your question about the charges you received in Florida. You should ask an expungement lawyer that is licensed to practice law in Florida about the Florida charges.

Second: In Georgia if you are Convicted of a Crime the Conviction will remain on your Criminal Record and it cannot be Expunged. If you were Not Convicted of some of the charges it may be possible for you to have the charges Expunged because they occurred before GA changed the law (July 1, 2013) and stopped allowing Expungments.

Third & Finally: Georgia does have an exception to the strict Expungement/Restriction law and you may qualify for it. In Georgia if you have stayed out of trouble and not been arrested for 5 years and you were Under 21 when you were Convicted it may be possible to restrict some of the arrests. Georgia has an exception to the general rule that can allow offenders who are under 21 when arrested and have stayed out of trouble for 5 years to have those arrests Restricted.

I would recommend that you consult with a Georgia expungement lawyer about this and with a FL expungement lawyer about the charges in Florida. I hope this information has been helpful to you. Good Luck with school and becoming a Realtor!

Can a DUI that was reduced to a reckless driving charge be expunged or somehow removed from my record and if so how soon?

Question:

Can a DUI that was reduced to a Georgia reckless driving charge be expunged or somehow removed from my record and if so how soon? I am accepted to nursing school but they will not take me with any criminal history convictions that relate to alcohol. So, if I get a DUI reduced to reckless driving, I don’t understand does that legal still mean I was charged with the DUI in some way? Or is the DUI complete dismissed and I am taking a different charge that has nothing to do with alcohol? Because, I don’t want to take a reckless driving charge if it is relating back to alcohol because I can’t continue my education. Can a reduced charge be “expunged or sealed” I don’t know if I am using the right terms but I am trying to figure out is there a way I can keep the school or state board from seeing anything related to my alcohol on my record. If it is possible to seal or expunge something like that how long does it take?

Answer:

Technically if you are convicted or plead guilty to Georgia Reckless Driving it should not be considered an alcohol related offense. However, if an employer has access to your criminal history or motor vehicle report and the DUI charge/arrest is showing you may have to explain why the DUI charge resulted in a reckless driving conviction/plea. Many times in DUI cases any result that avoids a conviction for DUI and the resulting penalty is considered an excellent result. If you are currently facing a DUI charge you should contact a qualified and competent expungement lawyer to represent you as soon as possible.

If my record is expunged can I answer no truthfully or should I answer yes and explain?

Question:

If my record is expunged can I answer no truthfully or should I answer yes and explain?

“I want to apply for a CPA license in Georgia. I was convicted of 2 counts of misdemeanor conversion in 1991 in Indiana. I have since had my record expunged. The question on the application asks if you have ever been convicted of a felony or misdemeanor.”

Answer:

I don’t practice law in Indiana and I am not familiar with their Expungement laws, so I cannot say if Indiana Expungements work the same as a Georgia Expungement. In Georgia if you are convicted of a crime, even a misdemeanor crime like you were in Indiana, the CONVICTION CANNOT BE EXPUNGED. So in my opinion the answer to the question would be “yes”.

I am not a CPA so I don’t have any experience with the requirements of becoming a CPA in Georgia. I would relate this to an employer/employee type of issue. I believe that it is much better to be honest with a potential employer and explain the circumstances of the conviction than to try and hide an issue. I would have much more respect for an applicant that was honest and upfront about this type of issue than I would if they tried to HIDE the truth. In fact, if an otherwise satisfactory employee was caught hiding this type of information that could very well lead to Firing the employee. I know this might not be the answer you were looking for, but I believe it would be technically correct and the honest answer.

My expungement paperwork for DUI was denied

Question:        

My expungment paperwork for DUI was denied by the Duluth Municipal Court, does not meet all statutory requirements, O.C.G.A. Section 35-2-37D.  What does this mean?

Answer:        

If the DUI was DISMISSED it can be removed or expunged from your record if it occurred prior to July 1, 2013.  If you were convicted of DUI or the charge was reduced or changed and you were convicted of the reduced charge – the arrest and reduced charge that you were convicted of cannot be expunged from your criminal record.  The code section refers to the statutory reason that your expungement request was denied.  I hope this information has helped you.

Can I petition to move the adult charges to juvenile and seal the record that way? Why would the FBI record change?

Question:

Can I petition to move the adult charges to juvenile and seal the record that way? Why would the FBI record change?

“As a teenager I was picked up and charged with possession of an altered ID, creating a turmoil, and panhandling. Possession of an altered ID was dismissed, but I got a $27 fine for the turmoil charge and plead guilty for panhandling and had another fine to avoid jail time. When I was arrested I lied about my age, I was only 15, but the police charged me on the lied age. I have had my FBI record pulled a few times. One from 2001 had the charge as panhandling. But later record copies have the charge as pandering. I have petitioned to have the record expunged, but since I plead guilty, to panhandling, my petition was denied.”

Answer:

If there has been an error after the criminal records were updated I would recommend that you contact the agency to have the charge corrected. You may need to provide certified copies of the Sentence and Disposition for the original charge in order to prove the original charge wasn’t Pandering.

You will not be able to have the conviction Expunged from your record. Georgia has some of the strictest rules regarding the Expungement of criminal charges. Georgia law does not allow a Conviction to be Expunged or Restricted. If you are Convicted of a crime in Georgia, the Conviction will remain on your criminal record for the rest of your life.

Finally, at this point you will not be able to have the conviction transferred to Juvenile Court and sealed. I understand this isn’t the answer you would have liked, but I believe it is accurate under the current Georgia law.

Speak to a Georgia Expungement Lawyer Today

If you have questions about how to expunge your criminal record, speak to a Georgia expungement lawyer at George McCranie Law Firm today.