We've received many calls in the past couple of weeks regarding DUI Expungement in Georgia. Unfortunately, a DUI conviction can NEVER be expunged or restricted from your criminal record. There is no way to expunge a DUI from your record.
There is one alternative, which is record restriction. If your case was dismissed, and you did not receive a DUI conviction, you can apply for a record restriction in Georgia. This is NOT the same as expungement. Any licensing board (nursing board, state bar, medical board, board of realtors) or government actor (judge, prosecutor, police officer) can see the prior offense.
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 only way the prosecuting attorney may allow record restriction of the charge from your record is if your DUI charge has been dismissed.
A DUI case is a serious one, and it needs to be taken very seriously from day one. Contact a top-rated Georgia DUI Lawyer today.
Most people misunderstand sentencing guidelines as expungement procedures. These are unrelated. The confusion stems from sentencing guidelines including the 10-year rule and the 5-year rule. Again, these two rules have nothing to do with record restriction.
Explaining the 5-Year and 10-Year Rules
If you are convicted of a second DUI conviction in Georgia within a 5-year or 10-year period, the penalties severe. You are looking at a minimum of 72 hours of jail time (in all likelihood far more), a fine of $600-$1000, 240 hours of community service, DUI School, 12 months probation, a clinical evaluation, and recommended substance abuse treatment. You will also be required to pay a fee of $25.00 and to publish a notice of your second conviction with a photograph of yourself in your county's newspaper.
The only difference between two DUIs in ten years and two DUIs in five years is that the driving consequences are based on the number of DUIs in five years and the criminal penalties are based on the number of DUIs in ten years.
With two DUIs in five years, you will be required to surrender your vehicle's license plate. Your license will be suspended for at least 18 months. On top of all of this, you will be ineligible for a limited driving permit for a minimum of 4 months and an ignition interlock device will be installed in your car in order to even get the permit.
Both the 5-year rule and the 10-year rule set a minimum amount of punishment allowed - meaning they set a floor, not a limit. A judge can actually sentence anyone convicted of a misdemeanor, including a DUI, to up to 12 months in jail. When someone gets a DUI in Georgia, they face severe Georgia DUI Penalties.
If you or a loved one has been charged with a DUI, contact us today. A DUI conviction will remain on your criminal record for the rest of your life. Your case will not defend itself.