How doI get a charge expunged from my record?

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How doI get a charge expunged from my record?

I was arrested and charged with speeding, possession of marijuana less that 1 oz, possession of alcohol by a minor.  Ipled guilty to the speeding ticket and the other charges were dropped. But I am told that because I pled guilty to the speeding ticket that I cannot remove the others from my record. Is this correct? Do I need to get a lawyer? In Carroll County, GA.

Asked on September 7, 2010 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would check with a criminal attorney in your area for clarification of the Georgia statute, but from what I have read, if the charges were dismissed because of a plea agreement that resulted in a conviction (the guilty plea on the speeding ticket is a conviction) then it may be true that you are not entitled to expungement of the record.  Were you represented by counsel on the matter when you took the plea?  This should have been explained to you more fully.

It would not hurt for you to make a written request for expungement to the original agency having jurisdcitino over the arrest and see what their response is to the matter.  At least then you will know the basis for the denial and you could go from there.  Good luck.


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