Legal Question in Criminal Law in Georgia

Re: Is expungement possible - Crimincal Trespass Case

There is no statutory provision for an expungement. It is addressed to the inherent power of the Court, and some judges will grant it in an appropriate case, and frankly others refuse to consider it because of the lack of specific legislation providing for the right to do so. I have petitioned for expungement of criminal records in cases where young men wished to serve missions, where a member of the military needed to get a top secret security clearance and where a student wanted to enter law school. In all the cases we had sympathetic judges, but I have heard of cases where the Courts have rejected requests. I think it is not only important to look to the reasons why you were arrested and entered a guilty plea, but also the reasons you may wish to have your record cleared now.

Finally, if it has been less than a year it is possible that the judge who entered the sentence might consider a modification of the sentence since it is a misdemeanor sentence. He might allow it to be modified to a first offender plea, provided you otherwise qualify. If so, you would not have a record upon completion of the sentence. The record would not be transmitted out of the local court.

This last option may not be available or if it is, you may have very little time to act, so I recommend you consult with someone very soon.

Jim Hough

770-607-5300

Re: Is expungement possible - Crimincal Trespass Case

You could possibly get it expunged based on your facts. There are a list of criteria that you must meet in order to have it expunged from your record. You should contact an attorney to go over the details.