How have a Georgia arrest expunged

Posted over 4 years ago. Applies to Georgia, 11 helpful votes

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1

Make sure you qualify for an expungement

In general, if you were arrested but the charge was dropped before the prosecutor filed an accusation in State or Superior Court or before the prosecutor filed an indictment in Superior Court; OR if the charge against you was, in fact, dropped, you can ASK for your arrest to be removed from your criminal history.

2

Ask for your arrest to be removed from your criminal history

You do this by filling out a form which is available for free at the Georgia Department of Corrections website. You have to pay fees to process the form. You fill out PART ONE and then take the entire form to the police department where you were arrested and ask them to fill out PART TWO.

3

Periodically check to make sure no one loses your forms

When you leave the entire form at the police department, you should ask if they will send it to the prosecutor or return it to you. If they send it to the prosecutor, not only do you need to pay the police department to fill out PART TWO, you need to include the fee to the Georgia Bureau of Investigation (GBI) to complete the process. If the police department returns the entire form to you, you must then go to the prosecuting attorney's office to ask them to complete PART THREE and then mail it to the GBI after PART THREE is completed. You should check periodically to make sure no one loses your forms along the way.

4

Make sure your request is not rejected

There are many factors that can hold up a request for expungement or even cause its rejection. If someone along the way thinks you are not eligible for an expungement and you think you are, you can sue that agency in the local court. This is a civil proceeding; you will have to pay a filing fee, and you will need a civil attorney.

Additional Resources

Georgia Department of Corrections http://www.dcor.state.ga.us/ Clark & Towne Attorneys website http://www.clarktowne.com

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