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Georgia Expungement Laws

Some Hollywood stars just can't stay out of trouble. The result is that there is a great collection of celebrity mug shots available for the world to see. For the rest of us, getting arrested and having a mug shot taken is a very serious concern, especially if you are later found to be innocent of the charges or have your case dismissed. If that occurs you might be entitled to having your arrest record expunged. George expungement laws allow for all records pertaining to your arrest, including fingerprints and mug shots to be destroyed is an expungement is granted. This also includes DNA records.

To be eligible for a Georgia expungement, you will need to prove to the court that your records are either incomplete or inaccurate. Other than that, the strongest reason granted for an expungement is if the charges against you are dismissed and you have no other charges pending. A juvenile or minor who is presented with the same type of circumstances can also have their records expunged when they become of age.

You are excluded from an expungement in Georgia if you were convicted as a result of a jury trial or plea bargain. Also, if the government was not allowed to present material witnesses or the trial didn't go forward because the defendant was already in jail you won't be able to get an expungement. The same can be said for anyone claiming diplomatic immunity which prevented a trial of conviction.

If you are filing a petition because of faulty record keeping then you will need to file with the appropriate court where those records are filed and you must also notify the Georgia Criminal Information Center (GCIC). Once a petition is filed, the court must respond within 30 days with the determination of the outcome.

In the case of a criminal charge that was dismissed the person must submit a request for expungement to the court that had original jurisdiction. When that court has received the request they will submit it to the prosecuting attorney's office for review. If all the conditions are met then the expungement will be granted. If for any reason the prosecuting attorney declines the request, you can make an appeal to the superior court. Although these filings might sound complicated, for an experience lawyer they won't be an issue. If you have a lawyer who got your case dismissed, they should be able to advise you about getting the records expunged.

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