My disposition reads Guilty/Convicted/Adjudicated...Whats my next step to getting this sealed? I don't have any more charges. Can my case be changed to First Offenders?
DUI / DWI Attorney
The next step, if it ca be called that, would be to have the record "Expunged". I cannot give you much encouragement in that direction as few, VERY few lawyers can describe a sufficiently long history of successes with such procedures when it involves a DUI conviction. It would certainly be well worth the effort if it could be done and I know of a few most excellent attorneys who can adorn a wall with a copy or two of orders expunging DUI cases, but even they would lay no claim to a record of successes with DUI cases. Many may offer to attempt it and in a certain few jurisdictions, under certain rare circumstances some may hit the jackpot, but the odds are curiously similar.
I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
DUI / DWI Attorney
In Georgia, no DUI can ever be sentenced as a First Offender. Many felony charges can be disposed of with a sentence under the First Offender Act, but DUIs are specifically excluded. I agree with Mr. Young that an expungement is also not feasible. You may want to contact the Georgia Bureau of Investigation to ask if there is a remedy that meets your needs. If you have potential employers digging this information up and asking about it, contact Choice Point or other common private background check companies and ask them to exclude this case since it's so old.
You cannot use a First Offender plea for a DUI. It is prohibited by law. In order to expunge your record you cannot have been convicted, plead guilty, or no contest to the charge. Very few cases in Georgia qualify for expungements. Even though your case is old that does not make it qualify for removal from your criminal history.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.