Georgia Expungement and Record Sealing

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As a general rule, criminal court records are public. That means anyone can go to the local courthouse and find out if someone's ever been arrested for, charged with or convicted of a crime. In some states, though, there are ways to hide or even destroy a criminal record, so that almost no one can find out about an arrest or conviction.

The terms "expungement" and "sealing" are often used interchangeably when it comes to criminal records, but there are some differences. "Sealing" a criminal record is when a court file is hidden from the general public. "Expunging" a criminal record means that the record is completely destroyed; it's as if the crime never happened. In essence, they're the same thing: There are very limited circumstances when a sealed record may be looked at or when the defendant (the person arrested or convicted) has to tell someone that he has a prior arrest or conviction that's been expunged.

The states have very different laws about sealing and expunging records. Some states don't allow any records to be sealed or expunged. Some allow one or both, but they don't allow either one for some crimes, like murder, kidnapping and sex-related crimes.

Below are the laws in Georgia that deal with expunging, sealing, or otherwise destroying or concealing criminal records. They may change at any time, so be sure to check the current laws for any changes. And the process itself is usually complicated. If you have any questions, an experienced criminal law attorney can give you the help and expertise you need.

Note: To see the code sections listed below, use the navigation tools on the page provided through the link, or run a search using the code section number as your search terms.

Description

Statute

Expunging (purging) criminal records

Ga. Code Ann. § 35-3-37(d)

Expunging (purging) DNA evidence

Ga. Code Ann. § 24-4-65

Expunging (purging) juvenile criminal records

Ga. Code Ann. §§ 15-11-83 and

Pardons

Ga. Code Ann. § 42-9-54

Inspecting and copying criminal records

Ga. Code Ann. § 35-3-37(b), (e)

Related Resources on Lawyers.comsm
- Access hundreds of Legal Forms that cover a range of personal and business legal needs
- Read Expungement FAQ, Felonies and Misdemeanors, or access more Criminal Law articles and information
- Find a Criminal Law attorney in your area, and read about Selecting a Good Criminal Lawyer
- Visit the Forums for discussions on Criminal Law topics
Related Web Links
- State of Georgia
- Georgia Bureau of Investigation (GBI)
- Georgia Crime Information Center (GCIC)
- State Board of Pardons and Paroles


Georgia Lawyer Web Sites
 
 -  Fulton County Criminal Law - Law Offices Of Daniel W. Mitnick & Associates, P.C.
 -  Bankruptcy Attorney In Cherokee County, GA - J. M. Heller Attorney At Law, P.C.
 -  Marietta Criminal Law - Gentry, Smith, Dettmering, Morgan & Schnatmeier LLP
 -  Decatur Criminal Attorney - James D. Michael, P.C.
 -  Atlanta Criminal Defense - Potter Sieg, LLC