If you have a criminal record, you may be wondering if there is anything you can do to get it expunged. The answer is yes — with the help of a lawyer. In this article, we will explain what expungement is and how a lawyer can help you get your criminal history record expunged in Georgia.
What is Expungement?
Expungement is the process of getting your criminal history record sealed. This means that the public will not be able to see your criminal record, and it will not show up on background checks.
Why Would You Need to Expunge Your Criminal Record?
There are many reasons why you may want to expunge your criminal record. Perhaps you were charged with a crime that you did not commit. Or maybe you were convicted of a crime that is no longer considered a crime. Whatever the reason, if you have a criminal record, it can negatively affect your life in many ways. It can make it difficult to get a job, rent an apartment, or even get a loan. If you want to improve your life and move on from your past, expunging your criminal record is a good first step.
Why It’s Difficult to Get a Criminal Record Expunged in Georgia
There are a number of reasons why it may be difficult to get your criminal history record expunged in Georgia. Some of which include:
- First, the court may not grant your petition for expungement. This is especially true if you have been convicted of a serious crime. Even if you are eligible for expungement, the court has the final say on whether or not to grant your petition. The court will consider many factors when making its decision, including the severity of the crime and whether or not you have been rehabilitated since your conviction. If the court believes that granting your petition would not be in the best interest of the public, your petition will likely be denied.
- Secondly, even if your petition is granted, the court may still require you to disclose your criminal history on certain applications or in certain situations.
- Furthermore, the state of Georgia has a waiting period for most crimes. This means that you cannot petition for expungement until you have passed the waiting time since you were convicted of the crime. There are some exceptions to this rule, but they are rare.
- Finally, it is important to note that expunging your criminal history record will not erase your criminal record completely — it will only make it more difficult for the public to access.
How a Lawyer Can Help You Expunge Your Criminal Record in Georgia
Even though it may be difficult to get your criminal history record expunged in Georgia, it is not impossible. With the help of a lawyer, you may be able to petition the court for expungement successfully.
Following are some of the points by which a lawyer can help you get your criminal history record expunged:
1. A Lawyer Can Help You by Researching the Law and Filing the Necessary Paperwork with the Court.
Researching the law and filing the necessary paperwork with the court are important steps in getting your criminal history record expunged. A lawyer can help you through this process, ensuring that everything is done correctly and that you have the best chance of having your criminal history record expunged.
2. A Lawyer Can Also Help You Negotiate With the Prosecutor.
If you have been charged with a crime, a lawyer can help you negotiate with the prosecutor to have your charges reduced or dismissed. This can help improve your chances of having your criminal history record expunged.
3. A Lawyer Can Help You Understand the Expungement Process and What Your Options Are.
This means that your lawyer can explain to you what happens when you try to get your criminal history record expunged and what might happen if you take this step. Additionally, they will advise you on what other options are available.
4. A Lawyer Can Help You Determine if You are Eligible for Expungement.
Not everyone is eligible for expungement. Your lawyer can help you determine if you are eligible for the process and can explain the process to you.
5. A Lawyer Can Represent You in Court.
If your case goes to court, a lawyer can represent you and argue on your behalf. This is very important, especially if you have a busy schedule and you cannot attend every hearing, so there must be someone trustworthy who can represent you.
6. A Lawyer Can Provide Emotional Support and Guidance.
Last but not least, a lawyer can provide you with emotional support and guidance during what can be a stressful and confusing time. They will keep you updated with the process and guide you on what to expect from the legal system.
Steps in Getting a Criminal History Record Expunged
Following are some of the steps involved in the process of getting a criminal history record expunged in Georgia with the assistance of a lawyer:
1. Check Eligibility
The first step is to check your eligibility for record expungement. In order to be eligible, you must have completed all sentencing requirements, including any probation or parole. You also must not have been convicted of a crime within the specified time. If you are unsure if you are eligible, a lawyer can help you determine if you qualify.
If you do qualify for record expungement, the next step is to file a petition with the court. This petition must include certain information about your case and why you believe your record should be expunged. A lawyer can help you ensure that your petition is complete and accurate.
3. Review by Court
Once your petition is filed, the court will review it and decide whether or not to grant your request. If the court grants your request, your criminal record will be sealed.
If the court denies your request, you may be able to appeal the decision. A lawyer can help you navigate the appeals process and ensure that you have the best chance of success.
If you have a criminal history and want to improve your life, expunging your criminal record is a good first step. But getting your criminal history record expunged in Georgia is a complex process. With the help of a lawyer, you can increase your chances of success. They can help you determine if you are eligible for expungement and guide you through every part of the process. If you have a criminal record, don’t try to go through the expungement process alone. Contact Jarrett Maillet and speak with a criminal defense lawyer today to see how they can help you
Jarrett Maillet J.D., P.C.
210 E 31st St
Savannah, GA 31401