Is there any difficulty requesting DUI records expungement under OCGA 35-3-37? Is it better to go through an attorney?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there any difficulty requesting DUI records expungement under OCGA 35-3-37? Is it better to go through an attorney?

A young female college student was arrested on weekend leaving campus.  She was asked to accompany the officer to the station, was arrested and jailed overnite for driving ‘erratically’ and supposedly refusing a breath test.  The prosecutor declined to press charges due to lack of evidence, and the case did not go before a judge. This young person had no prior arrests and none since – she does not drink.

Asked on June 14, 2009 under Criminal Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the website explaining how to expunge a record in Georgia: http://gbi.georgia.gov/00/channel_modifieddate/0,2096,67862954_67866875,00.html. Scroll down the page to the section titled "What is a Local Record Expungement?"


To apply for the expungement, you must contact the arresting law enforcement agency to obtain an application for "Local Record Expungement." This form is a three-part form to be completed by the person seeking expungement of their record, the arresting agency, and the prosecutor.

You may want an attorney to review the record and determine if the person qualifies for expungement and/or if there are any possibilities that the request for expungement may be denied.
 






IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption