I was arrested in 2009 for DUI. The charges were amended to reckless driving to which I pleaded guilty. I'm in law school and clerking for a judge this Summer. When they ran my background check through the GCIC it came back that I had been arrested, and the disposition shows that the charge was amended. I want to know if it's possible to get this off my record completely because I was never convicted of a fingerprintable charge. Do I go through the GBI? Any help would be greatly appreciated.
My understanding is that once you are booked-in on any offense (fingerprintable or not), GCIC requires the disposition of the charges to be reported. To get it off of your record through GCIC, you would have to petition for expungement. Expungement is not available in Georgia where a plea to an amended offense is entered. There are some circumstances I have seen where a prosecutor agrees to expungement as part of a pre-trial diversion dismissal, but where you entered a plea to any offense from the same transaction or occurrence, I believe you are statutorily prohibited from expungement. Sorry to be the bearer of bad news. You can look at O.C.G.A. § 35-3-37(d) (1) to see the limitations on expungement in Georgia.
A conviction will remain on your criminal record once you are convicted of a crime in Georgia. Georgia does not have laws that allow a person to 'expunge" their record if they have been convicted of the crime. I know you don't want ot hear this but, your criminal history is basically with you for the rest of your life. Because the laws of Georgia do not allow for convictions to be removed from your record it is best to retain an experienced, qualified and competent attorney to represent you BEFORE you are convicted. I would suggest that you address this issue up front with the Judge. Your honesty and acceptance of responsibility may be looked upon favorably and not as negatively as you think. I know this isn't the answer you were hoping to get. Good Luck!!!
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