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Is a citation the same as an arrest , and will it show up on my record as an arrest even though I was not physically arrested

Norcross, GA |

I was caught shoplifting and the police were called, when they got there they gave me a citation for the shoplifting with a court date on it. I was not arrested, but I was read my rights before they asked questions and handed me a citation. I want to know if the citation is a form of arrest that will show up on my record as an arrest that i need to have expunged?

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Attorney answers 4


You weren't booked (photographed and fingerprinted) so you escaped a criminal record so far. If you get convicted some jurisdictions will create a criminal record, most in Georgia, especially the cities, won't. The judge could order you be booked. Other states like Florida will create a criminal record in the courtroom that will go to the FBI database. Talking about your expungement question, if you plead guilty or are found guilty, that is not eligible for a criminal history expungement. Talk to a lawyer to see what you can do to keep the court disposition off your record.


Hire a lawyer.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033


For now, you should be safe. However, you need to be very careful how your case is resolved If you want to avoid a criminal record. If you have not been in trouble with the law before, you may be eligible for the diversion program which would ensure that the offense stays off of your record. I practice in Gwinnett, DeKalb, and Fulton Counties and would be glad to talk to you about your case. My number is 678-636-9224.


I agree with Mr. Cohen. I have recently negotiated PTD solution that did NOT require my client to be booked in. This protected the client from the rash of internet companies that post those arrested in publications throughout Georgia. You also do not have to worry about expungement of the arrest record because there is none! Hire a local defense attorney and good luck.