I filed for expungement but I was denied. I am in school for nursing and I cannot have anything on my record. Please help I need it sealed or something. It's really affecting me.
If you pled guilty or were convicted you cannot have your arrest record expunged.
The information provided is only a general answer based on the limited facts stated in the question. This answer does not in any way constitute an attorney-client relationship. Should you wish to hire an attorney, our firm, Singleton, Pasley & Nuce, LLC, would be glad to help, as we offer legal advice in family and criminal law (in addition to personal injury, medical malpractice, social security, workers compensation, and unemployment benefits).
Were you under 21 and has it been 5 years since the conviction? If not, then you don't qualify to have the conviction restricted from view.
How did you dispose of the case, and were you 21 or older when you closed the case? If you plead to the charge, or were convicted, and you were 21 or older then you cannot expunge/restrict/seal the record. Georgia is one of the harshest states when it comes to removing charges from your criminal history.
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.
The law on record restriction (what used to be called expungement) changed radically on July 1, 2013. Before that, there were very few situations in which an arrest, even without a conviction, could be removed from the public record. The new law greatly expanded those options, to the point where now almost any non-conviction disposition can be eligible for restriction. Even certain guilty pleas, such as those under 16-13-2 conditional discharge or as part of an accountability court program, can be restricted. I would need to know more information about your particular situation in order to advise you.
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