Can You Get A Drug Conviction Expunged In Georgia?

In this article, you can discover…

• How expungement of a drug conviction works in Georgia.
• Who qualifies to see their conviction expunged in Georgia.
• The steps you need to take to see a conviction expunged.

What Is Expungement, And How Does It Work In Georgia?

“Expungement” (also known as “record restriction”) means that your charges can not be seen by the public without a court order. This can be an immense help when applying for jobs or housing, as these charges will no longer appear in a background check.

In the past, you had to apply for the expungement with the consent of prosecutors. Under new laws, to begin this process, you must send the Sheriff’s Department an application to have your drug charge expunged. If they approve this request, they will send it to the Georgia Crime Information Center for expungement.

While you are waiting for your application for expungement to be approved, it is crucial to stay out of legal trouble and not commit any further crimes.

Can All Drug Charges Be Expunged In Georgia?

Minor charges, such as simple possession, can often be expunged. More serious felony charges, such as “drug trafficking” or “possession with the intent to distribute” can not usually be expunged.

However, if you are a first-time offender and this is your first felony offense, your charges could be expunged and even sealed once your sentence has been completed. Still, this depends on the circumstances of your case, along with the court’s analysis of whether your privacy interest outweighs the public’s interest in your criminal history information.

Attorney Lubin An is a skilled, caring criminal defense lawyer serving Georgia. For over 15 years, he’s helped clients just like you apply for the expungement of their drug charges, getting a fresh start with employers, educational institutions, and life opportunities.

Have questions, or in need of legal help? Reach out to Lubin An Law LLC for an initial consultation today.

What Happens If My Expungement Request Is Denied?

If your request is denied, you will receive a thorough explanation as to why your application was not approved. This means that the expungement was not successful, and your criminal record remains the same and open to public view.

If you were not eligible for expungement due to the nature of your crime or the manner in which your charges were dismissed, there is nothing further that you can do. However, if your petition was denied due to a technical error or missed steps, you may be able to correct the error and apply again.

How Can An Attorney Help With The Expungement Process?

An attorney can help you understand if you are eligible for expungement. If you are eligible, your attorney can then make sure that your application for expungement is filled out correctly and carefully, and that no steps of the process are missed.

This process can be complicated, so it’s best to have an experienced lawyer advise and guide you for the best chances of success.

What Factors Determine Whether I Qualify For Drug Conviction Expungement In Georgia?

Many first-time drug offenders may qualify to have those charges expunged. This is especially true if you enter a guilty plea as a first offender. Through the “conditional discharge program”, a guilty plea would allow certain records to be expunged once a mandated probation program is complete.

This is seen by many as an evolution of the law in Georgia. Whereas past Georgia law was quite tough on drug charges, there is a growing understanding that addiction is a disease and that people suffering from addiction often benefit more from rehabilitation than punishment.

As positive a development as this is, navigating these laws and programs can be complicated, and it’s best to have an experienced attorney represent you at each step.

Still Have Questions? Ready To Get Started?

For more information on Expunging a drug conviction in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 531-1758 today.