The fact that the judge and prosecutor are deceased has no impact on whether something can be expunged. Even if you had received First Offender Act treatment, the arrest would still appear on your record, there just wouldn't be a conviction. Unfortunately, about all you can do now is apply for a pardon from the State Board of Pardons and Parole, if you have not gotten in trouble for the last 5 years, and have met other requirements. However, be advised that a pardon is simply a declaration by the Board that you are relieved of the legal consequences of your conviction. A pardon does not make you “innocent” of the crime again. A pardon also does not erase or expunge your conviction. If you still wish to seek a pardon, though you can technically do it yourself, you would be smart to get an experienced criminal attorney to assist you.
M. Jason Rhoades
The Georgia laws do not provide for an expungement of a criminal conviction. The laws of Georgia do not provide a way to remove a CONVICTION, only an ARREST. This appears to be true even for a conviction from so long ago. The Judge and DA being deceased is not an issue in an expungement. I know how this sounds, but the best way to keep something off of your record is to fight it as hard as you can and not get convicted. The Board of Pardons and Paroles can issue a pardon if you meet the appropriate criteria. I hope this information has been 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.
No. If you plead guilty, or were convicted, then you cannot expunge the arrest. Georgia has some of the harshest expungement laws in the country, and it is very hard to get arrests removed from your record. The fact the judge and prosecutor are now deceased has nothing to do with the case at hand, and will not help you.
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. 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.