The ways to keep it off your record. (Expungement, Record Restriction, First Offender, Youthful Offender)

I have spoken to so many people who believe that there is a means to have convictions erased off your record. Even my own client’s when we are discussing the implications of a plea will often tell me, “well, I will just get it expunged later”. There are many misconceptions about criminal histories and what can and cannot be removed. It is important to understand that most things cannot simply be erased from your criminal history and if you want to something not to stay on your record in most case you must have that worked out before you enter a plea. The ramifications of your record come up most often with my clients who are wondering how a conviction will affect future job, housing, and educational opportunities. These are the ways to keep it off your record in Georgia.

The reality is that getting things removed off your record is not an easy process and in most cases it is simply not possible. The greatest misconception is that a case that you plead guilty to can later on be expunged from your criminal history. Under current Georgia law, felony convictions are never eligible for restriction. It does not matter how much time has passed since your conviction. If you have been convicted of a felony, you may be eligible for a pardon from the State Board of Pardons and Paroles. The process in Georgia to get an entry removed from criminal history is now called record restriction, expungement is no longer the term of art used, but people still refer to this process of record restriction as expungement. Very few things legally can be record restricted (expunged), those being: non-convictions, youthful offender offenses, and non-convictions on felonies that were accompanied with convictions of unrelated misdemeanors.

Non-convictions can be record restricted. That means if you were arrested on an accusation and that case was later resolved with the case being dismissed or you were found not guilty at trial, then the arrest can be restricted. Under new laws in Georgia all arrest made after July 1, 2013 should be automatically record restricted if they end in a non-conviction.

Certain Youthful offender convictions can be restricted. Misdemeanor convictions that occurred before you turned twenty-one (21) years old qualify for restriction. To qualify, you must have successfully completed your sentence, and in the five (5) years before you request restriction, you cannot have been charged with any offense, other than minor traffic offenses. There are several misdemeanors that are not included as youthful offender convictions eligible for restriction, those including: Serious Traffic Offenses including: Driving Under the Influence (DUI), Reckless Driving. Aggressive Driving, Fleeing/Attempting to Elude, Vehicular Homicide, Theft (does not include Shoplifting), Child Molestation, Enticing a Child for Indecent Purposes, Pimping, Keeping a Place of Prostitution, Pandering by Compulsion, Masturbation for Hire, Giving Massages in a Place used for Lewd Sexual Acts, Sexual Battery, Sexual Assault by Persons with Supervisory or Disciplinary Authority, Sexual Exploitation of Children, Electronically Furnishing Obscene Material to Minors, Obscene Telephone Contact with a Minor, and Computer Pornography.

Lastly it may be possible to have a felony you have been charged with restricted even if you were convicted of an unrelated misdemeanor. You may be able to have a felony charge restricted if it was closed without conviction, and you were only convicted of an unrelated misdemeanor offense in that case. The court will determine whether restriction is appropriate considering the harm the record is causing you (i.e., difficulty getting a job, housing, license, etc.). You are not eligible for restriction if you were convicted of a lesser included offense of the felony charge.

If you concerned about the impact a conviction on your record may have it is important to discuss your case with a knowledgeable Attorney. Here at the the Law Offices of George U. Aigbe, LLC. We will go over the many pre-trial options that are available to ensure the charge against you will be removed from your record. Include first offender, conditional discharge pleas, and pre-trial diversion programs. If you have any questions about your criminal case contact the Law Offices of George U. Aigbe.