I understand that the "expungement" law in Georgia has recently changed. Can arrest records be expunged or sealed if they are associated with a "first offender" plea? First offender means the conviction can be sealed, but can the arrest records also now be sealed? I'm interested in an answer for misdemeanors. Further, does the law apply to convictions that happened prior to the law change? Thank you.
Criminal Defense Attorney
The change in the law changed the title from expungement to "Record Restriction." The link below will take you to the Georgia Justice Project's website, and it can give you the information that you need. Good luck to you.
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DUI / DWI Attorney
Yes,yes and yes. The language you used isn't exact, but so far as the public is concerned, First offender treatment of an offense contemplates the removal from the GCIC, except for law enforcement, who will ALWAYS be able to see the history. Also do not expect the courts to make this happen automatically. Hire criminal defense attorney familiar with the procedure.
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Criminal Defense Attorney
Unfortunately, I have to disagree with the previous answer slightly. While a plea under the conditional discharge statute (OCGA 16-13-2) was included in the new Record Restriction law (even if the date of offense was before law change), a traditional first offender sentence was not unfortunately.