Unfortunately, Georgia DUI Expungement does not exist- there is no way to expunge a DUI from your record.
Again, a DUI conviction on someone's criminal record can NEVER be expunged or removed.
When someone gets a DUI in Georgia, they face severe Georgia DUI Penalties. A Georgia DUI on someone's record makes it difficult to get a job, apply to school, or renew a professional license.
A pardon is also not an option with a Georgia DUI conviction. The Governor of Georgia does not have pardoning power. The power rests only with the Georgia Pardon and Parole Board, and under policy, the Board only considers felony convictions. If convicted of DUI in Georgia, then a person is convicted of a high and aggravated misdemeanor in Georgia.
Noting that a DUI cannot be expunged or pardoned, as a Georgia DUI Lawyer, I will expand on record restriction in Georgia.
Record Restriction in Georgia
If you were not convicted of DUI and your case was dismissed, then you have an alternative. You can apply for a record restriction in Georgia. However, a record restriction is not the same as expungement.
In fact, the prior offense can be seen by:
- Nursing boards
- State bars
- Medical boards
- Boards of realtors
- Police officers
Make note that record restriction does not happen automatically just because your case was dismissed. Your criminal record will show the arrest and a disposition saying “dismissed.” The record restriction application is a separate step. The one and only way the prosecution will consider record restriction of the charge from your record is if your DUI charge has been dismissed.
Most people misunderstand sentencing guidelines as expungement procedures, but the two are unrelated. The confusion comes from sentencing guidelines including the 10-year rule and the 5-year rule. But these two rules have nothing to do with record restriction.
If the record is successfully restricted, private businesses will not see the arrest. However, government agencies, police officers, and prosecutors can still see the offense. In fact, if you are charged again, both the prosecution and the judge can use it against you in sentencing.
My point in writing today's post is to highlight the gravity of a Georgia DUI conviction. You cannot expunge or restrict ANY charge that you have pled guilty to or have been found guilty of by a jury or a judge. The end result of your Georgia DUI case is forever. This is why a Georgia DUI Case needs to be taken seriously from the moment the arrest occurs.
If you or a loved one has been charged with a DUI in Georgia, contact a Georgia DUI Attorney today. We will walk you through your case every step of the way and do our absolute best to protect your record and your reputation. Our practice only focuses on Georgia DUI Defense and are devoted to protecting our clients. Contact us today.