Removing DUI from record that occured 15 years ago.

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Removing DUI from record that occured 15 years ago.

It has been 15+ years since pleading a NOLO contend re for DUI. No other violations have occured. Can this be removed from my record?

Asked on June 20, 2009 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Pursuant to Georgia's First Offender Act (FOA), upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.

If the terms of the first offender sentence are successfully completed, and the probationer discharged, the arrest record is sealed. The Georgia Crime Information Center (GCIC) must receive official notification that the subject has successfully completed all requirements. 

The record is not automatically sealed based on the elapse of the probation sentence.  But an individual may make application to the court for it.  Unlike "expungement" which essentially destroys your record, sealing means that the record is not accessible to most people without a court order.   Typically only law enforcement or state agencies are allowed to see it; for all others you can truthfully answer "no" if asked about a criminal conviction.

You should consult with an attorney in Georgia to get their advice of how best to go about the process.


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