If you have a drug conviction in Georgia, you might wonder if there’s a way to remove it from your record. Expungement offers a fresh start, but you need to understand the process and requirements before pursuing it.
What is expungement?
Expungement, or “record restriction” in Georgia, involves sealing a conviction from your criminal record. When the court seals your record, others, like potential employers, can’t easily access your conviction. This doesn’t erase the conviction, but it prevents most people and organizations from viewing it.
What drug convictions are eligible for expungement in Georgia?
Not all drug convictions qualify for expungement in Georgia. Generally, non-violent drug offenses have a higher chance of eligibility, especially if you’re a first-time offender. For instance, if you were convicted of possessing less than one ounce of marijuana, you may qualify for record restriction. However, convictions related to drug trafficking, large-scale distribution, or violent crimes typically won’t qualify.
The process of expunging a drug conviction
You cannot automatically expunge your record in Georgia. To start, you must apply through the court where the conviction occurred. First, check if you meet Georgia’s eligibility criteria. After confirming eligibility, you submit an application for record restriction. In some cases, the court might schedule a hearing to review your case. If the court approves your request, it will seal your record, and certain agencies will no longer have access to it.
What to do if your request is denied
If the court denies your expungement request, you can appeal the decision. Alternatively, you may apply again in the future if your circumstances change. Stay informed about updates to Georgia’s expungement laws, as they might open new possibilities for you.
Expunging a drug conviction in Georgia offers a chance for a fresh start. The process requires time and effort, but knowing the eligibility criteria will help you decide if this option is available to you.