How long does a felony have to be on your record before it can be expunged?

A felony that is on your record as a result of a plea or as a result of losing at trial cannot be expunged from your record in Georgia.  The only exception to this rule is if at the time of sentencing the prosecutors agreed to expungement as part of a diversion sentence or some other alternative sentence.  Of course, there should be a record of this if that happened in your case.  

For most people, however, a felony conviction cannot be expunged - ever.  That does not mean there is nothing that can be done to make that conviction look better on your criminal history.  If more than five years have elapsed since the entire sentence ended in the case (including probation) then you may be eligible for a Pardon.  A Pardon is a document and act which basically states that because you have turned your life around and been a good citizen since your felony, the State of Georgia will no longer consider you to have been convicted.  While this sounds great, it does not remove the conviction from your record completely.  It does, however, show that you were Pardoned for the offense and you are not a convicted felon anymore.

Good Luck!

David West

Attorney at Law