QUESTION

I was told you can't get something expunged if you served time, probation or paid a fine. Is this true bc I want to expunge a petty theft charge.

Asked on Nov 14th, 2012 on Expungements - Georgia
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1 ANSWER

Criminal Law Attorney serving Marietta, GA
2 Awards
Unfortunately what you heard is mostly true. Georgia only allows expungement a of criminal records in very limited situations. Most expungements are granted where the person either has their case dismissed before it is ever formally accused or indicted or where the prosecutors agreed to allow expungement as part of the plea deal in the case. Some diversion programs in some counties also permit expungement upon successful completion of the program because the charges are dismissed if you complete the program. However if you are convicted of any crime in Georgia either with a plea or after a trial, you do not qualify for expungement - no matter how much time has passed since your conviction.  You should consult an honest lawyer to determine if your case may be one where expungement might work. Even in cases where it does not, there may be alternatives such as a Pardon which you may want to seek in your case.  A lawyer who specializes in appeals or post-conviction relief should be able to help such as the lawyers at David West & Associates.  
Answered on Nov 16th, 2012 at 6:03 PM

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