If your case was dismissed through a diversion program, and the prosecutor does not object to the expungement it should not be a problem. However, if you were convicted of the charge, or anything else, an expungement would not be possible.
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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.
It depends on your particular situation. Expungement, under Georgia law, can be allowed by a prosecutor under certain circumstances, i.e. a pretrial diversion program. If your attorney is able to negotiate for expungement to be part of the plea, this is your best chance at the expungment going through.
I do consultations for cases like yours, if you are not represented by an attorney currently. Also, in the Marietta area, Kim Frye is a great defense attorney with an office in Marietta.