Record Restriction Versus Expungement: What You Should Know Voice Of Action
In the last few years, the requests from individuals for removing their criminal records have gone up considerably. Many people understand that everything from securing loans from financial institutions to getting good job prospects can all be hurt if you have a criminal record or history.
This is why more and more individuals that might have been part of a one-time criminal activity, consciously or unconsciously are looking to get their records removed. If you are from Georgia and have been looking to execute something like this, this article is perfect for you.
In this legal resource, we are going to shed light on two terms that you should be aware of if you want to get your criminal history clean- Record Restriction and Expungement. We will try to discuss both these terms in great detail and understand their legal implications.
Record Restriction and Expungement: What you should know
Expungement is a legal term that has been around for quite some time. It implied that through certain processes, individuals that fit certain guidelines could get their criminal records hidden from public view and scrutiny.
While both the terms Expungement and Record Restriction, appear to be similar, there are some important differences.
In very simple words, Record Restriction implies that your prior criminal records and conviction are sealed and isolated from criminal justice systems. This means that a public individual or institution will not find anything when they try to search.
However, if legal enforcement agencies of judicial prosecutors want access to the same, they will be able to get it done. It is only the common public and private bodies that will be denied from having any access. This effectively means that you won’t have any records in your name.
The term Record Restriction came into being by replacing the term Expungement. The latter literally applies that your criminal records no longer exist. That is not true. As we have mentioned earlier, law enforcement agencies and courts can have access.
Record Restriction came into being as a formal law in 2013. It implies that the records are hidden, as opposed to being removed. If you want to get your criminal records Restricted, you will have to work with an attorney that specializes in Georgia First Offender Act cases.
Who can get their Criminal Records Restricted in Georgia?
The first thing that you should know is not all individuals can get their records restricted. IN other words, there are certain guidelines and processes that individuals need to comply with to get their criminal records restricted-
- If as a defendant, you have been acquitted of all charges by the courts following the legal proceedings.
- If you have been a first-time offender, the courts will allow you to petition for record restriction.
- If the charges had never been filed in the courts and the saw was limited to a police or law enforcement inquiry.
- First-time drug offenders who have completed their sentencing can file paperwork for record restricted under the Conditional Discharge Act.
The process of applying for Record Restriction came into being in 2013. The process of filing requires the individual and their attorney to submit a $50 fee to start the application process.
Three Major Steps for Filing Record Restriction in Georgia
In this section, we are going to look at the three major steps that individuals and their attorneys have to go through during the process for filing Record Restriction-
Step 1: This is the stage where you and your lawyer need to enter the details and submit the application form. You need to enter the information regarding the arrest.
Step 2: Once you have filled in the form, you need to submit it to the legal enforcement agencies. They will validate the same and enter the fields that are earmarked for them.
Step 3: Once both the parties have been able to fill out the required sections on the application, the same is shared with the Prosecutor’s office.
The Final Word
As you can see from the list of legal requirements, it is best that you seek help from legal experts that are experienced and qualified to guide you through the process. If there is even the slightest mistake in the paperwork, your application stands to be rejected. If you have any other questions, which you would like us to address on the subject, please let us know in the comments section below.
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