If you have never been in trouble before, getting it dismissed and off your record will not be difficult. I have handled dozens of cases just like yours in Gwinnett County. You will have to do 20-40 hours of community service, pay a $300-$600 program fee, submit to an alcohol and drug evaluation and random screens for a few months, then they will dismiss your case. After that, you will be able to begin the paperwork to get the arrest "expunged" or stricken from your record.
Your bigger concern, since you were at school when you got caught, is the potential for a school panel. You want to make sure that you do not get sent to the G.I.V.E. center or otherwise find yourself removed from school over this incident.
I will be happy to discuss your case with you and your parents if you would like to give me a call and schedule a free consultation. 678-636-9224.
If your case was referred fro prosecution, there is likely to be a pretrial diversion program that you will qualify for. Many of these programs result in a dismissal and expungement of the charges upon completion. However, you need an attorney to negotiate for you. Some programs do not allow expungement.
As for your school disciplinary record, there is no tool for removing this from your record; it will always be there.
Allen R. (Rusty) Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
As a Gwinnett practitioner, I can tell you that you need to get an attorney now to make sure that you are able to get into some type of Diversion program if at all possible. It may be possible to have your criminal record cleared, but you need to act NOW to get the process started.
Please let me know if I can be of assistance. I would be happy to help.
M. Jason Rhoades
I can't disagree with Mr. Knox, but it may be helpful to note that the school district has the discretion to seal (make confidential) any matter on your school disciplinary record. You may be able to persuade the school to do just this by making an arrangement for some sort of school service such as trash pick-up, presentations on alcohol abuse, etc. Many schools are receptive to student-initiated proposals for this kind of remediation. Leave parents and attorneys out of the effort for maximum impact.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
On July 1, 2013, the new Title 35 of the Official Code of Georgia regarding the restriction of records wil take effect.
Criminal history records can be restricted if:
1. The case was never referred to the Solicitor or District Attorney for prosecution
2. The case was referred to the prosecuting attorney, but was later dismissed.
3. The grand jury twice reviewed the case and refused to indict
4. All charges were dismissed after indictment or accusation (but not because of a plea deal or evidentiary ruling)
5. It involves a drug case that ended with a successful Conditional Discharge
6. Successful completion of Drug Court followed by dismissal and 5 years of no trouble.
7. The accused person was acquitted of ALL of the charges
8. The case has been on the "dead docket" for 12 months or more
9. The case was reversed on appeal more than two years ago
10. Most misdemeanors by youthful offenders after 5 years
You're a #10. Even if you end up pleading guilty, there's still a chance of getting it restricted so that only law enforcement would be able to see it.
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