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I was charged with a terroristic threat but it got dropped to a lesser conclusive of disorderly conducted. i need a expunged

Cordele, GA |

i want the terroristic threat expunged

Attorney Answers 4

Posted

Georgia law only allows for expungement in very specific situations. Unless you had an agreement, in writing, with the prosecutor when you entered a plea on the charge, it is not likely to be expunged. Typically diversion programs, or other pretrial programs are the most common situations where a charge is expunged. Just because a case or charge is dropped, or lowered, it does not mean expungement will be possible.

Depending on the jurisdiction, you can usually go to the arresting agency (the police or sheriff's department who arrested you) and fill out an application for expungement. They will either approve or deny it based on the law and any agreement that may have been made.

Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.

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Posted

When you say "dropped" did you plead guilty to it? If so, you probably can NOT get it expunged, although there are rumblings of changes to Georgia's expungment statutes ... but, even with that, if you were convicted of the lesser charge, I doubt that you would be eligible for expungement. Regardless, go through the process and see what happens. Good luck.

The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.

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Posted

If I understand your question -- your were originally charged with Terroristic Threats and Acts (felony) but the charge was reduced to Disorderly Conduct (misdemeanor). If you plead Guilty to the Disorderly Conduct charge I doubt that you will be able to get it expunged based on the current laws in Georgia. Georgia law does not allow for the expungement of a conviction. The charge and resulting conviction would remain on your criminal history. I hope this information is helpful. Good Luck!

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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1 comment

George F. Mccranie IV

George F. Mccranie IV

Posted

I practice in the Cordele Circuit quite regularly. If you have additional questions please feel free to contact my office 912-383-7581.

Posted

The easiest way to get it expunged is if you pled under the First Offender Statute. If you did, you can apply to the prosecutor's office to agree to remove the conviction and arrest upon completion of the First Offender sentence. Any other means is highly unlikely.

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