Restriction/Expungement of Arrests on a Georgia Criminal History
This video is about requests to restrict or expunge arrest records.
People who qualify for this type of an expungement are people who had a case where their case was dismissed and there is still a record showing up of that arrest on their case, on their official Georgia criminal history. The thing to understand with this is that what is supposed to happen for arrests after July 1, 2013 is they’re supposed to be automatically restricted, though some agencies are failing to do that. So it’s always good to check your criminal history when you deal with a case to make sure that it’s not inappropriately showing up there. But if you have an arrest that’s showing up when it’s not supposed to be, either because it was after July 1, 2013 or you had an arrest before July 1, 2013 where the case was dismissed, you would qualify for a restriction.
And the restriction process is not an overly complicated one, though sometimes people make mistakes when they try to do it themselves. Basically it’s a process where a form needs to be filled out accurately. That’s available from the GBI. It needs to go through the arresting agency. It needs to go through the prosecutor’s office. And then it needs to be sent to the GBI. And the places that I’ve seen individuals have problems with this is making sure that the form is filled out accurately in regards to some of the legal details that are required and then making sure that it gets from each place that it’s supposed to be to the next place and that it properly gets submitted and completed and forwarded to the GBI from there. If you would like some help in trying to get a restriction done for an arrest record, please call our office at 770-720-6336 or visit our website at teenandyoungadultdefense.com.
I’m Paul Ghanouni from the Ghanouni Teen & Young Adult Defense Firm. If you like the information that we have in our videos here, please share it and like it and let other people know about us. Thank you.
Frequently Asked QuestionsWhat should I do if I am arrested?
The moment you are placed under arrest, constitutional rights protect you. The only thing you have to say is, “I want to speak with an attorney” or “I have nothing to say now.”
When you are in police custody, under the Miranda Rule, you must be informed of specific constitutional rights before you are interrogated. Your rights are:
- The right to remain silent
- The right to have an attorney present during questioning
- The right to have an attorney appointed if you are unable to afford one
Why It Is Important To Remain Silent Until You Retain An Attorney
Police do not have to read your Miranda rights, until they arrest you, and can question you before taking you into custody. Anything you say before an arrest can be used against you later in court and anything you say after arrest may be used against you if a court determines that it is not the product of police questioning.
Additionally, many police vehicles and interrogation rooms have recording devices. Even if you believe you are alone or think the only other person there is someone with whom you were arrested, you need to understand that you may still be recorded and those statements could be used against you. Your decision to tell the police that you do not want to answer any questions or speak to them cannot be used against you in trial.
Posted in: Criminal Defense
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