“Erasing” your legal criminal record in the eyes of the law – or, more exactly, in the file of the Georgia Crime Information Center – is termed “expungement of record.” This is desirable because your criminal record, after age 18, follows you for the remainder of your life. You must answer sincerely on an employment application if you have been convicted of a felony unless your record has been expunged. Employers can request a GCIC report when you apply for a job.
While it happens under very limited situations, expungement can every now and then happen after certain events take place. For instance, a minor’s criminal record is sealed – or expunged – when the minor reaches age 18. If you were detained but not convicted, you may apply to have your arrest record expunged so that a potential employer does not see your arrest on your criminal record. Nonetheless, it is not a given right that if you apply for it, expungement will happen.
First, you should get a duplicate of your GCIC record from the police force or sheriff’s department responisble for your arrest and review it. You must show suitable identification, and there will be a small charge. Check the report to ensure it is accurate.
Your record may show that you were under arrest for a crime, but not convicted. The employer would still see this on your GCIC report, so you may apply to have the record expunged.
It is only probable to expunge an arrest record if you have no other criminal charges pending against you and you have not been convicted of the same or a analogous crime in the last five years. To apply for expungement of your criminal record, go to the law enforcement or sheriff’s unit that arrested you and ask for expungement forms. There may be a nominal fee to obtain the forms. You need to know the date you were detained and the misdemeanour for which you were arrested. After you complete the forms and return them to the arresting organization, they will file the forms with the district or state attorney’s office for determination of your case and you will be advised of the outcome.
If you are denied expungement, inside thirty days you can file an appeal with the superior court of the county where you were detained.
Another alternative is requesting to have your civil liberties restored if your crimes cannot be expunged from your criminal record. You can apply for this if you have served your condemnation and you live in Georgia.
A third choice is applying for a pardon if your conviction was in a Georgia court. For this, you must finish serving your sentence and wait five years to apply. During that five years, you cannot have committed any crimes. You cannot have any unpaid fines or have other charges awaiting against you. You can get the application from the Parole Board by calling them at (404) 656-5330 or see their website. There is no charge to apply.