{"id":386,"date":"2018-02-20T07:31:53","date_gmt":"2018-02-20T07:31:53","guid":{"rendered":"http:\/\/notguiltyattorney.com\/?page_id=386"},"modified":"2018-03-09T01:10:06","modified_gmt":"2018-03-09T01:10:06","slug":"expungement-and-record-sealing","status":"publish","type":"page","link":"https:\/\/notguiltyattorney.com\/index.php\/expungement-and-record-sealing\/","title":{"rendered":"Expungement and Record Sealing"},"content":{"rendered":"
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CRIMINAL HISTORY AND CRIMINAL RECORDS<\/h3>\n

Do I have a criminal record in Georgia?\u00a0 Who has a criminal record in Georgia?<\/h4>\n

If you have ever been arrested, fingerprinted, and charged with any felony or misdemeanor offense in Georgia, you most likely have a criminal record.\u00a0 You can have a criminal record even if the case was dismissed or you did not serve any time in jail.<\/p>\n

Your criminal history includes...<\/h4>\n

Your criminal history record contains information about every incident in which you were arrested, fingerprinted, and charged with a felony or misdemeanor.\u00a0 It may also include the final disposition (the outcome) of your case and information about sentencing, including information concerning where you were incarcerated.\u00a0 However, in many cases, the final disposition may be missing from your criminal history report if the law enforcement agency, prosecutor's office, or the clerk did not properly maintain the information.<\/p>\n

You can get a copy of your criminal history<\/h4>\n

There are both official and unofficial versions of criminal histories.\u00a0 The official criminal history reports are provided by GBI and FBI.\u00a0 The unofficial reports are provided by private background check companies.<\/p>\n

In Georgia, official criminal history information is kept and distributed by the Georgia Crime Information Center (GCIC).\u00a0 GCIC is the state agency that keeps criminal history record information and is a division of the GBI.\u00a0 You can get a copy of your official GCIC criminal history record from most law enforcement agencies for a fee.<\/p>\n

The official national criminal history is kept and distributed by the FBI through the Interstate Identification Index (III). The FBI pulls the Georgia criminal records information from GCIC\u2019s database. This national report, known as the \u201cIII Report\u201d is only available to the individual and to a specific list of employers and agencies.<\/p>\n

Many private companies provide background checks for a fee. The information these companies have on file may differ from the information contained in your official criminal history report.<\/p>\n

The information on my criminal history or criminal record is incorrect<\/h4>\n

Many times, a personal criminal history can show completely incorrect information.\u00a0 The final disposition is supposed to be uploaded by the law enforcement agency within a certain time period.\u00a0 However, in many cases, it is not updated as it should be.\u00a0 It could show that the case is still open, you were guilty when you weren't, or you didn't complete the terms of your plea.\u00a0 Or someone else could have used your name when they were arrested and their criminal history can be recorded as your criminal history.<\/p>\n

An incorrect criminal history that could affect your employment ability and other rights or opportunities.<\/p>\n

Bray Law can get the right information on your criminal history.<\/p>\n

 <\/p>\n

RECORD RESTRICTION OR EXPUNGEMENT<\/h3>\n

What is record restriction or expungement?<\/h4>\n

Before 2013, Georgia law referred to record restriction as expungement.\u00a0 However, this implied that criminal records were deleted or destroyed.\u00a0 In reality, criminal records were not deleted or destroyed.\u00a0 The records still existed but were only available to law enforcement and criminal justice agencies.<\/p>\n

Since 2013, Georgia law refers to the process of restricting criminal records as \"record restriction.\"\u00a0 Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes.<\/p>\n

Does it happen automatically?<\/h4>\n

If your arrest is not referred for prosecution, it will be restricted from your GCIC criminal history record automatically after a period of two (2) years for misdemeanors, four (4) years for most felonies, and seven (7) years for serious violent and sex-related felonies. These automatic provisions of the law apply to arrests before and after July 1, 2013. If a record is automatically restricted, however, and later a disposition is entered that does not qualify for restriction, the law requires that the record be \u201cunrestricted\u201d by GCIC.<\/p>\n

I wasn't convicted.\u00a0 Why is my history showing the charge?<\/h4>\n

It depends on when you were arrested.<\/p>\n

If you were arrested before July 1, 2013, the record remains on your official criminal history unless the charge qualifies for record restriction and you complete the restriction application process.\u00a0 Contact Bray Law today<\/a> and we can get the process started.<\/p>\n

If you were arrested after July 1, 2013 and the charge qualifies for restriction, the arrest is supposed to be restricted by GCIC when the disposition is entered into the GCIC database by the prosecutor or clerk of court. The records of the arresting agency will be restricted within thirty (30) days of the entry of the disposition into GCIC\u2019s database.\u00a0 Bray Law may be able to help get your arrest off your criminal history.\u00a0 Contact us today.<\/a><\/p>\n

Regardless of the date of your arrest, if your case was placed on the dead docket you will need to wait twelve (12) months from the date the case was placed on the dead docket to file an action in superior court for restriction.\u00a0 Bray Law can help.\u00a0 Contact us for a Free Consultation<\/a> about your dead docketed case.<\/p>\n

Can I get my arrest restricted?<\/h4>\n

There are certain situations that Georgia Law allows record restrictions in Georgia.\u00a0 Generally cases that are closed without conviction are eligible for restriction.\u00a0 Certain misdemeanors that occurred before you turned 21 years old may be eligible for restriction.\u00a0 And lastly, if you are charged with a felony but are convicted of an unrelated misdemeanor, the felony charge may be restricted.<\/p>\n

There are exceptions to each of these categories.\u00a0 That is why it is important to hire an attorney knowledgeable about criminal law and criminal records.\u00a0 Bray Law is here to help you get your arrest restricted.\u00a0 Contact us today for your Free Consultation.<\/a><\/p>\n

I was arrested and convicted when I was under 21.\u00a0 Can I get it restricted?<\/h4>\n

It is called Youthful Offender Convictions and you might be able to if you were convicted of a misdemeanor, successfully completed your sentence, and have not been charged with a criminal offense in the past five (5) years.\u00a0 Certain misdemeanor charges can be restricted with some exceptions.\u00a0 Bray Law will be able to determine if you can get your record restricted.\u00a0 Contact us today.<\/a><\/p>\n

You don't remember what happened in your case...<\/h4>\n

No worries.\u00a0 Bray Law can help get the paperwork needed to get you answers and get the record restricted if possible.\u00a0 Even if the court can't find the paperwork, there are ways to get the record restricted.<\/p>\n

What about Conditional Discharge?<\/h4>\n

Under the Conditional Discharge Act (O.C.G.A \u00a7 16-13-2), certain defendant's charged with a first time drug offense or non-violent property offense related to drug addition can plead guilty and get the conviction restricted.\u00a0 If the defendant successfully completes their sentence, they are discharged without conviction. Beginning on July 1, 2013, defendants who have been discharged under the Conditional Discharge Act qualify for record restriction. If you were arrested and sentenced under the Conditional Discharge Act before July 1, 2013, you must apply for restriction. If you are arrested and sentenced after July 1, 2013, your charges should be restricted upon successful completion of your sentence as soon as the appropriate disposition is entered by the clerk of court or prosecutor.<\/p>\n

If you completed the terms of your Conditional Discharge but your record is still showing the charge, contact us today<\/a> to get your record restricted.<\/p>\n

Read more about conditional discharge.<\/a><\/p>\n

Drug Court or Mental Health Court Record Restriction<\/h4>\n

If you are arrested after July 1, 2013, and successfully complete a drug court or mental health court treatment program, the charges handled in that court should automatically be restricted five (5) years after you complete the program. To qualify you must have no arrests within that five (5) year period, other than minor traffic offenses.<\/p>\n

If you successfully completed a drug court or mental health court program before July 1, 2013, you must apply for restriction. To qualify you must have no arrests, other than minor traffic offenses, within the last five (5) years.<\/p>\n

If you completed a drug court or mental health court but your record is still showing the charge after five years, contact us today<\/a> to get your record restricted.<\/p>\n

Pre-Trial Intervention or Diversion Program Record Restriction<\/h4>\n

Charges dismissed after you successfully complete a pretrial intervention\/diversion (PTI\/PTD) program qualify for restriction.<\/p>\n

If your case was placed your case on the dead docket at the time you were ordered to complete a PTI\/PTD program a motion to revive from dead docket must be completed before it can be restricted.<\/p>\n

If you completed a pre-trial diversion or pre-trial intervention program but your record is still showing the charge, contact us today<\/a> to get your record restricted.<\/p>\n

What if my case was put on dead docket?<\/h4>\n

Placing a case on the \u201cdead docket\u201d means the prosecution suspends the case indefinitely. The case can be revived any time by the court. Therefore, the case is still technically pending while on the dead docket.\u00a0 Unfortunately, some employers may not hire you for this reason because it appears you have a pending and open criminal case.\u00a0 Not to mention it may hinder your rights and freedoms, such as getting a concealed weapons permit.\u00a0 If your case was placed on the dead docket and the state has not moved forward with prosecution after twelve (12) months, the court may restrict your record.<\/p>\n

If your case has been put on dead docket and you want your record restricted, contact us today<\/a>.<\/p>\n

I tried to get my charges or arrests restricted before and wasn't successful.\u00a0 Can Bray Law help?<\/h4>\n

We might be able to help.\u00a0 The law has changed over recent years allowing more charges to be eligible for restriction.\u00a0 Also, we will be able to get the paperwork needed and the motions filed that are needed to get the job done.\u00a0 Contact us today for a Free Consultation<\/a> to discuss your record restriction.<\/p>\n

What if my conviction was overturned in appeals?\u00a0 Can I get it restricted?<\/h4>\n

You may be able to get it restricted if certain factors are met: the record is causing you harm, the case was not retried within two (2) years after the reversal, the appeal is final, and the crime was not punishable by death.<\/p>\n

Bray Law will be able to file all the appropriate motions and paperwork needed to get the court to restrict the record and to get your record sealed.\u00a0 Contact us<\/a> today.<\/p>\n

 <\/p>\n

SEALING THE RECORD<\/h3>\n

Why should I worry about sealing the record?<\/h4>\n

Even once a charge is off your official GCIC criminal history, private criminal history companies can report the charges.\u00a0 However, by getting the record sealed, the record is no longer publicly available.\u00a0 Federal law requires that private background companies remove information about a case from their databases if the information cannot be verified.<\/p>\n

What do I need to do to get my record sealed?<\/h4>\n

An experienced attorney like Bridgett Bray will be able to guide you through the process and file all the appropriate paperwork.\u00a0\u00a0To get the file of your restricted charges sealed Bray Law will file an action and show the court that the harm suffered by the clerk\u2019s record remaining public (i.e., denial of jobs, licensing, housing, etc.) outweighs the interest in the record being publicly available. In other words, you need the file sealed more than the public needs access to the file. O.C.G.A. 35-3-37(m).<\/p>\n

Can I seal records kept by the jail?<\/h4>\n

You can restrict records maintained by jails and detention centers if the records have already been restricted. See O.C.G.A. 35-3-37(k)(2).<\/p>\n

 <\/p>\n

 <\/p>\n

Private Background Checks...They Can Do That?!<\/h3>\n

Fair Credit Reporting Act<\/h4>\n

The Fair Credit Reporting Act (FCRA) is the federal law that controls the commercial reporting of criminal record information. The law applies to private companies providing the information and employers who use the reports.<\/p>\n

Under the Fair Credit Reporting Act, you have a right to know when your background is checked and employers must have your permission to do a background check on you. However, some information, such as felony convictions, may be available without your permission or available on the Internet.\u00a0 You also have a right to know when information from a background check is used to deny you employment and to know where the information that was used against you came from.\u00a0 The employer must tell you how to contact the company that gave the report to the employer.\u00a0 Additionally, you have a right to a copy of the report used against you from either the employer or from the company that created the report for free.\u00a0 You can dispute the information in the report if it is not accurate.\u00a0 Lastly, if incorrect, you can also request that the company send a corrected report to the potential employer.<\/p>\n

Private companies can report the criminal charge even after I get the charge restricted on my criminal history?<\/h4>\n

Yep.\u00a0 That is why record sealing is so important.<\/p>\n

When your record is restricted, it will no longer appear on your official Georgia criminal history record maintained by GCIC.\u00a0 However, private background companies can still report the restricted charges.<\/p>\n

Information about your charges remains available at the office of the clerk of court and at the jail or detention center.\u00a0 Those records remain public.\u00a0 As long as the records are public, it is not against the law for private background check companies to provide them to potential employers or anyone else.<\/p>\n

Under the new law, effective July 1, 2013, clerk of court and the jail\/detention center can restrict these records so that private companies may not provide them to others. Once the records are sealed, you can challenge the accuracy of the information reported by the private companies and have it removed. Once Bray Law gets your records sealed, a copy of the court order sealing the records will be sent to these companies and they have to remove the information. After your report is corrected, the private company needs to resend the report to you and to the potential employer.<\/p>\n

Contact Bray Law today<\/a> to restrict your record and<\/em> to seal your records.<\/p>\n

 <\/p>\n

<\/h3>\n

My mugshot is on the internet! Help!<\/h3>\n

For-profit websites publish mug shots and the accompanying arrest information. They get the mugshot and information from arresting agencies. Many websites advertise that they will remove your mug shot for a fee, but your photo may reappear on another website owned by the same company. Generally, the for-profit websites are not subject to the same laws and regulations as private background check companies.<\/p>\n

In 2013, the Georgia General Assembly passed a law to address mug shot companies that charge a fee to remove photos when the underlying arrest did not result in a conviction. Under the new law, mug shot companies may not<\/strong> charge you a fee to remove the photo if your arrest is eligible for restriction or if it has been restricted.<\/p>\n

In 2014, the Georgia General Assembly passed another law to address this issue. The new law, effective July 1, 2014, prevents mug shot companies from accessing booking photos for the purpose of publishing the photos online and charging a fee for removal. The new law also prohibits the online posting of mug shots by law enforcement agencies.<\/p>\n

If your mugshot is online, Bray Law may be able to help.\u00a0 Contact us today for a Free Consultation<\/a>.<\/p>\n<\/div>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

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