Who do i contact to start the expungement process in Cobb County,Georgia?

Asked over 4 years ago - Mableton, GA

specifically marietta georgia

Attorney answers (1)

  1. Muna H. Claxton

    Contributor Level 10

    Answered . First off, you need to determine if your arrest is eligible for expungement. In Georgia, an individual may qualify for record expungement if the individual was "released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution" or if the charges were dismissed by the prosecutor. OCGA 35-3-37(d)(1). Additionally, a person seeking expungement must have "no other criminal charges pending" and "the individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration." OCGA 35-3-37(d)(3).
    You should go to your local police department or sheriff's department to obtain a copy of your complete georgia criminal history report. The report will give you a complete list of your arrests and the disposition (the outcome) of each arrest. If after reviewing your arrest record, you determine that you qualify for an expungement, you should contact the agency that arrested you to find out how much it costs to submit an application for expungement and how you can obtain the application.
    Although you don't necessarily need an attorney to apply for expungement, you may want to contact an attorney to assist you in the process. An attorney will be able to tell you if you qualify for an expungement, can ensure that the paperwork goes to the right agencies, and can assist in moving the expungement process along (a record expungement will take months to complete). Feel free to contact me or any other qualified attorney to assist you in this process.

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