If I have a criminal record in one state but I livein another, how doI get my record sealed or expunged?

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If I have a criminal record in one state but I livein another, how doI get my record sealed or expunged?

I have a criminal record in GA and live in CT. I want to get my record sealed or expunged. There’s an entry on there that I was not prosecuted, but it’s still on my record, as well as DUI’s in 2 different counties dating back to 2001 and 2000. I’m presently in school.I’ve already acquired my CNA certification and I’m currently attending to receive PCT certification as well trying to get my life together. Being that I’m unemployed, what’s the best way for me to go about trying to have this done?

Asked on March 29, 2011 under Criminal Law, Connecticut

Answers:

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

Answered 11 years ago | Contributor

The best thing to do is to consult with an attorney that specializes in expunging or sealing records in the state of Georgia.  Some states do not allow for expungement and just allow for sealing records (New York is one of those states). Some states do not allow for you to expunge more than one record. Some states will only allow you to expunge certain offenses.  So you really need to check first.  Here is what I have found:

Who is eligible for an expungement?

1. A person who can show their records are inaccurate or incomplete.
2. A person with no conviction because charges disposed of or dismissed, has no charges pending, and has been not convicted of anything in U.S. in last five years, excluding incarceration time.
3. A juvenile if a petition alleging delinquency is not filed, or the proceedings are dismissed after either a petition is filed, or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4, or the child is adjudicated not to be a delinquent child.

A person is not eligible for expungement if

a)charges were nolled, dead-docketed, or dismissed because of plea agreement resulting in conviction,
b)the government was barred from introducing material evidence,
c)a material witness refused to testify or was unavailable to testify without legal right to do so,
d)the attorney elected not to prosecute for reasons of judicial economy because defendant was incarcerated,
e) the person completed a pretrial diversion program, the terms of which did not specifically provide for expungement,
f) conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court, or
g) diplomatic, consular, or similar immunity prevented a conviction. Georgia Code § 35-3-37.

Good luck.


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