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Will expungement show up on criminal background check?

Conyers, GA |

I was charged with poss. of marijuana less than an ounce a misdemeanor. The charge was dropped because of a pre-trial diversion but the arrest was still on my record. I recently applied for expungement and was granted it for the arrest and the charge. Will the expungement, charge, and arrest still show up on the background check from Sterling?

Attorney Answers 3


  1. If you were granted an expungement, then the arrest should be removed from your record. If your request for record restriction was granted, then employers should not see your arrest.

    While I am a licensed attorney in the State of Georgia, I am not your attorney, even though I have answered your question here on Avvo. I take the time to answer questions here on Avvo as a public service, and a way to help educate the public about certain aspects of the criminal justice system here in Georgia. If you are in need of more detailed answers or representation, you will have to contact me, set up an appointment, and after a consultation, retain me for my services.


  2. It should not show up if you expunged it.

    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. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). 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.


  3. It depends. If the GCIC has processed the expungement, the version of your rap sheet available to potential employers should not show any of the information about your case. However, the information remains available in the local Clerk's file for any private background check company to see. That was one of the problems remedied by the new record restriction law that took effect on July 1.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client. www.marshlaw1.com troy@marshlaw1.com

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