Sandy Springs Expungement Lawyer
Expunging your record, also known as record restriction, helps people move on from past legal issues by excluding entries on their criminal history from public view. If record restriction is granted, it may thereafter be accessed only by law enforcement. However, navigating the process of expungement can be difficult, particularly for those convicted of one or more crimes.
A Sandy Springs expungement lawyer could offer their services to you to assist with this process. To get started on your case, reach out to a knowledgeable attorney today to schedule a consultation.
Automatic Expungement Time Frames in Sandy Springs
The law provides specific timeframes for when records are automatically restricted. If the prosecution never refers a person’s misdemeanor arrest for criminal prosecution, the system automatically restricts their record after two years. Of course, it is important to verify that automatic restriction has happened.
Felony charges that are not referred for prosecution similarly become automatically restricted after four years, while unprosecuted violent and sex-related felonies are restricted after seven years. Depending on the crime charged, a Sandy Springs record restriction attorney could help you determine whether you can apply for restriction sooner than the automatic restriction timeframes.
Understanding the Record Restriction Process
Successful Sandy Springs record restriction requires paying attention to rules and deadlines. The process varies depending on when a person’s arrest occurred and what happened in their court case.
To apply for expungement, a person must apply for restriction through the arresting agency, such as the Sandy Springs Police Department, and pay requisite fees. The application must be completed within 150 days of initiation.
For arrests where there was no indictment, the court dismissed the case, or the court acquitted the defendant, the process is considerably more straightforward. The clerk of the court will enter the case result in the state-wide criminal justice database, and the record restriction will reflect more or less immediately.
The law has further nuances about how to request a record restriction depending on the scenario. For example, in some cases, the state-level trial court, or superior court, must issue an order to restrict certain records.
A charged placed on a “dead docket” or a youthful offender conviction are two examples of instances that require application via the superior court. An experienced Sandy Springs record restriction attorney could assist individuals with understanding how the process applies to their specific circumstances.
Crimes Ineligible for Record Restriction
Note that there are offenses for which expungement is unavailable. Some convicted offenses that cannot be expunged include:
- Driving under the influence
- Reckless and aggressive driving
- Fleeing the scene of an accident
- Serious injury by vehicle
- Vehicular homicide
- Most crimes against children
- Some prostitution and sex-related crimes
Consult a Sandy Springs Expungement Attorney
Removing your criminal record from the public eye can be liberating in many ways. The process, while intended to be user-friendly, can be difficult for applicants unfamiliar with the system.
Experienced legal counsel could advise you on whether your history is eligible for record restriction, and what needs to be done to accomplish it. Connect with a Sandy Springs expungement lawyer today to discuss your options.