Arrest Records Following a DUI Conviction in Alpharetta
When a person is arrested for drinking and driving, they may be wondering whether their arrest records would be made available to the public. Although the general public is prohibited from viewing a person’s arrest records, they could still find ways to obtain them through other legal avenues.
To learn more about what happens to your arrest records following a DUI conviction in Alpharetta, you should seek the insight of our knowledgeable attorneys at Hawkins Spizman. Schedule a consultation today to get started.
Are Arrest Records Available to the Public?
Individuals arrested for a DUI offense should rest assured that their arrest record is not available to the general public. However, a person could be able to view someone’s arrest record if they have a court order from a judge allowing them to do so. Convicted persons can also obtain their arrest records by showing proper identification, and usually paying a small fee to run the record.
Book-in photos or “mugshots”, on the other hand, are made available to the public. They generally appear online and are considered public record. That is why they are frequently seen on the news.
Cases of Dismissal
An arrest record will always exist unless the DUI offense is dismissed and the defendant is eligible for record restriction. Although the law does allow for record restriction, it is extremely rare.
Cases of Acquittal
When someone is acquitted of a DUI, it does not mean that an arrest record necessarily becomes restricted. The arrest record will remain available unless a judge orders record restriction. Surprisingly, being found not guilty of DUI after a trial by itself is not sufficient grounds for record restriction.
Difference Between Record Sealing and Expungement
In Georgia, the term expungement is often misused. The proper term is record restriction. When a person’s arrest record is restricted, this means that the public does not have access to it. As a result, insurance companies, schools, private employers, and private universities will not have access to those. However, government entities such as law enforcement, courts, and other agencies will still be able to access a person’s records.
It is rare for records to be sealed, but they can be sealed if a judge orders the records sealed. There are very few circumstances under the law where a record will be sealed for a DUI charge.
Reach Out to an Experienced Attorney Today
Following a DUI conviction or arrest, a person may be understandably concerned of the public’s ability to access their arrest record. Although Georgia does allow for a person’s mugshot to be made available to the public, a person must gain special permission from the court to view an arrest record. While it could take time to obtain a court order, it can be done by private agencies such as universities, insurance companies, and employers.
If you have any specific questions regarding your arrest record following a DUI conviction in Alpharetta, be sure to schedule a consultation with an attorney at Hawkins Spizman. A lawyer could provide you with insight regarding record restriction, cases of dismissal and acquittal, and how to obtain your own arrest record. Call today to get started.