Process for Expunging Adult Criminal Records in Georgia

The Georgia Request for Expungement form itself is three pages, with a different section on each page. You will fill out Section One and then take the form to the arresting agency, which fills out Section Two. The arresting agency will then forward your request to the prosecutor to fill out Section Three. The prosecutor will either approve or deny your request, and return the Request for Expungement to the arresting agency.

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Do I Need an Attorney to Expunge My Criminal Record in Georgia?

Georgia expungements can be filed without an attorney. In some instances, however, you may decide that it’s important to have an attorney to help you get the forms filed correctly, as well as answer any other questions you might have about the process. Different counties in Georgia may have different rules on the automatic expungement of juvenile records, and for the paperwork requirements of the Request for Expungement itself. If you’re unsure about these rules, you can either check with the clerk of the court in that county, or ask your attorney.

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Expunging Juvenile Adjudication Records in Georgia

Georgia law allows for individuals who had photograph and fingerprint records filed as juveniles to have those records expunged under any of the following circumstances: (1) a petition alleging delinquency was not filed, (2) the proceedings were dismissed after either a petition alleging delinquency was filed or after the case was transferred to juvenile court, or (3) the juvenile was adjudicated not to be a delinquent.

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Overview of Georgia Criminal History Record Expungements

The state of Georgia offers two procedural paths to expungement of your arrest record. Which one may be applicable for you simply depends on the circumstances of your case. You can request an expungement if (1) you were arrested for any offenses under state law, but after arrest were released by the arresting agency without the offense being referred to the prosecuting attorney, or (2) you were arrested and your case was referred to the prosecutor, but the prosecutor dismissed without seeking indictment or filing an accusation.

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