At least three times a week I am asked whether my Georgia DUI can be expunged. Usually, the caller is someone who entered a guilty plea in their late teens or early twenties and now is finding that their criminal record is limiting their opportunities.
The answer is straightforward and disappointing to most callers. If your case was completely dismissed or you were found "not guilty" at trial, you can get the conviction restricted from your records. We no longer have expungement in Georgia. We have record restriction.
Record Restriction still allows the police, prosecutors, and judges to see prior offenses. However, for all other purposes, no one will be able to see a restricted arrest. For most people, however, they are calling because there is a DUI conviction on their record. That is the real problem.
Examining the Real Problem:
If you plead guilty to a DUI in Georgia, or if you were found guilty at trial, the case cannot later be expunged or restricted from your record. Period.
The lack of post-conviction options should instruct anyone charged with a DUI to get the best possible defense while the case is pending.
It is heartbreaking to speak to so many people who are being harmed by their past decision to plead guilty to their DUI without first consulting with a Georgia DUI Attorney.
A DUI conviction will have a lifetime of direct and collateral consequences that include, but are not limited to, loss of educational opportunities, loss of career opportunities, loss of a person's driver's license, and the inability to apply for some government licenses and certifications.
To be perfectly clear, if you want to find a way to remove a DUI conviction from your record, it cannot be done. Georgia is completely unforgiving.
What About a Pardon?
The Georgia Pardons and Parole board can only review felony charges. Misdemeanor DUI offenses cannot be pardoned.
If you are charged with a DUI, call us today. We are here to help you when you need us most.
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