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EXPUNGEMENTS

"Your past doesn’t have to hold you hostage

or dictate your future any longer!"

What is an expungement and how can it benefit me?
Expungement, known as "Record Restriction" in Georgia, is a legal process that allows individuals with criminal records to restrict eligible charges from public view. This makes them accessible only to law enforcement and judges. Expungement can improve opportunities in employment, housing, and education, offering a fresh start and the chance for redemption.

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What are the benefits of hiring an attorney for an expungement?
Hiring Attorney Peterson ensures your expungement is handled efficiently. With expertise in Georgia law, including statutes related to various crimes, Attorney Peterson increases your chances of approval. The JM Law firm distinguishes between felonies and misdemeanors, guiding you through the process to save time, effort, and money.

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What is the difference between restriction and sealing?
Restriction limits access to criminal records on the Georgia Crime Information Center, while sealing involves making court records inaccessible to the public. You cannot seal a record without first having it restricted.

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What are my options if I am ineligible for a restriction?
You may be eligible for a pardon, which allows you to apply for record restriction and sealing if you meet certain conditions, such as being granted a pardon, not having been convicted of serious crimes, and no pending charges.

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How do I apply for a pardon?
Our office does not handle pardons, but you can begin the process on the Georgia Pardons website.

 

What is the First Offender Act?
Georgia’s “Second Chance” law allows people with no prior convictions to avoid a permanent record.

If you successfully complete the sentence, the court will discharge the case without a conviction.

 

I was told my restriction would happen automatically. Is that true?
For arrests before July 1, 2013, you must apply for restriction. For arrests after that date, automatic restriction applies if charges qualify, or after a specified period if no disposition is entered. However, automatic restriction may not always occur, so check your criminal history regularly.

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Can I have my whole criminal history restricted and sealed?
You must apply separately for each eligible arrest. Georgia law does not allow the restriction of an entire criminal history.

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Is a "nolo contendre" plea considered a conviction?
Yes, a "nolo contendre" plea is treated as a conviction and is not eligible for restriction or sealing unless you meet certain conditions, such as Youthful Offender or Retroactive First Offender status.

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Can I get my record restricted and sealed if the case was placed on the dead docket?
If a case is placed on the dead docket and has not moved forward in 12 months, you can request restriction and sealing through a Motion to Restrict & Seal.

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Do my charges qualify for Retroactive First Offender?
This allows you to request First Offender status for an eligible case that resulted in a conviction, under certain conditions, such as filing within a year or having the prosecutor’s consent after one year.

 

Do my charges qualify for Youthful Offender Restriction?
Certain misdemeanor convictions before age 21 may qualify for restriction and sealing, provided you’ve completed your sentence and have no other offenses in the last five years.

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How do I get a copy of my criminal history?
You can request your official criminal history from most law enforcement agencies for a fee. Request both a purpose code U & E criminal report.

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Will a restriction require a court order?
In most cases, a restriction is a paper application process. However, certain records, such as those placed on the dead docket or involving vacated convictions, require a court order for restriction.

 

Reclaim Your Future with JM Law.
Expungement can help you remove barriers to employment, housing, and more by restricting eligible charges from your criminal record. Georgia’s SB 288, effective January 1, 2021, expands access to expungements and includes protections for employers who hire individuals with criminal histories. While exclusions apply for serious offenses, this law offers new opportunities for many.

At JM Law, we are dedicated to helping you navigate the complexities of Georgia’s expungement process. From determining eligibility to filing paperwork and representing you in court, our compassionate team is with you every step of the way.

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