So what should you expect in expungement in Georgia? Hello, my name is Ty Wilson. I’m a Georgia Criminal Defense Lawyer practicing Law in the State of Georgia. And our topic today is, “What should you expect on an expungement manner in the State of Georgia? And honestly the term expungement is no longer used in the state of Georgia. Now it is called “Record Restriction”.
And so, there’s 2 different things you wanna deal with. You wanna deal with record restriction and sealing the record. And those will secure different access information from different people including the court clerk. And so when you’re seeking a record restriction and sealing of your past records, there are certain requirements. You need to speak with an Attorney who handles these types of matters so they can tell you if your charge is qualified. If you have had any other record restriction you are only limited to a certain amount. And so, there’s a lot of rules and regulations, a lot of details which are far beyond the scope of this video itself.
But some of the general guidelines, what you can expect is typically our experience is been you can expect. The District Attorney office do not consent and or agree to you having your records restricted and in fact they will stand in the way of you getting your records restricted. So you have to petition the court typically for a hearing, and you have to have a hearing in front of a judge. And the district Attorney office is going to argue their case is, why you should not get your records restricted. And you’re going to need to argue your case why you should get your records restricted. An example would be, your right to privacy outweighs the publics’ information or the ability for the public to only take a look at the information on your rest.
Now, there are many, many requirements in order for you to even be able to follow for records restriction. And along that depends on were the courts, were the charges were 2013 or not. Because of that, that’s when there was a big change and all the court’s started doing the record restrictions automatically. However, before that you have to be a little more protective. Now, just because they may have restricted your records, does not mean that they sealed them. And the sealing is the second part of it, and it’s also something that you want to get.
Make sure you get done because there are certain places such as jails and or other avenues where employers can seek to obtain if you’ve ever even been arrested. And so, when they ask you in your application, they’re double checking. They’re making sure, they wanna know what they are dealing with someone who is honest. If you say NO, and you have and you forgot about something, the chances are you're not going to get that job. So that’s how that could potentially affect you. Anyway if you have more questions about expungement and or what we call like I said in Georgia now, records restrictions and sealing of your past charges, please feel free to give us a call. We hope this information has been helpful and we’ll see you on the next video.