DUI Expungement

Savannah DUI Expungement Lawyer

How Can I Get a DUI Expunged?

The expungement process does not allow for DUI convictions to be removed from individuals’ records in Georgia. Clearing your record following a DUI arrest and conviction can be extremely difficult, if not impossible.

As of 2013, Georgia stopped using the term “expungement,” instead, referring to the process as “record restriction.” This doesn’t mean that you must forever deal with the charges or conviction on your record.

An attorney can help with other legal options. It is important that you have a firm grasp of Georgia’s laws and how they will affect your specific case. We cannot emphasize enough how important it is to retain a Savannah lawyer.

The Law Offices of Robert F. Pirkle offers the reliable support and counsel you need to move forward from your DUI case. Contact us online or call us today (912) 493-9506.

Eligibility for DUI Expungement in Georgia

In Georgia, DUI convictions are not automatically eligible for expungement. Georgia law is more restrictive than in some other states. For the most part, DUI offenses in Georgia cannot be sealed or erased from a person’s criminal record.

However, there are exceptions to this rule under certain circumstances.

First Offender Act (FOA): Eligible if convicted of DUI as a first-time offender under Georgia's First Offender Act, and all terms of probation are completed successfully.
Non-Conviction: If your DUI case resulted in a dismissal, acquittal, or you were found not guilty, you may be eligible to have the record expunged.
Completion of Sentence: If you were convicted of DUI but successfully completed all probationary terms (community service, counseling, etc.), you may be eligible for expungement under certain conditions.
No Subsequent Offenses: You must not have any subsequent DUI offenses or other significant criminal history to be considered for expungement.
Dismissal Before Trial: If the DUI charges were dismissed before reaching trial, you may be eligible for expungement.
No Serious Prior Criminal Record: Eligibility may also depend on whether you have a significant criminal history beyond the DUI offense.
No Pending Legal Issues: You must not have any ongoing legal issues, including pending charges or violations, that would disqualify you from expungement.

While expungement may not be available for DUI convictions in Georgia, there may be other legal options to reduce the impact of a DUI conviction, such as looking for appeals or sentence modifications.

How to Pursue DUI Expungement in Georgia

The process for pursuing DUI expungement in Georgia is intricate and can be difficult to navigate without legal assistance. Here are the general steps involved in pursuing expungement for a DUI conviction:

1. Determine Eligibility

The first step in the DUI expungement process is determining whether you are eligible for expungement. It is crucial to consult with a DUI expungement lawyer in Savannah who can assess your case and provide guidance on whether expungement is an option.

2. File a Petition for Expungement

This petition is a formal request to the court to have your DUI conviction or arrest record sealed. The petition must include specific details about your conviction, including the date of your conviction, the nature of the offense, and whether you have completed any required terms of probation or rehabilitation.

3. Gather Supporting Documents

To strengthen your petition, you will need to gather supporting documentation. This may include proof that you have completed any required courses or programs, documentation showing that you successfully completed probation, or records of a dismissal or acquittal in your case. Your Savannah DUI expungement lawyer can help you organize and submit all necessary documents to ensure your petition is as strong as possible.

4. Court Hearing

Once your petition is filed, the court may schedule a hearing to review your request. During the hearing, the judge will evaluate your petition and consider factors such as whether you have met the requirements for expungement, whether you have complied with the terms of your sentence, and whether sealing your record would serve the interests of justice.

5. Court Decision

After the hearing, the judge will make a decision on whether to grant your expungement request. If the request is granted, the court will issue an order to have your DUI conviction or arrest record sealed, making it inaccessible to the public.

Don’t let a past conviction hold you back from pursuing your dreams. Contact us today calling (912) 493-9506 to learn more about how we can help you navigate the expungement process.

What If I Was Never Convicted? Do DUI Charges Stay on My Record?

There are certain cases that will qualify for record restrictions. For example, if a case was dismissed for a qualifying reason, such as participating in a pretrial intervention or pretrial diversion program, the records of the charges and arrest may be restricted.

However, you cannot have the charges restricted if the case was dismissed due to you pleading guilty to other more serious charges. If all charges don’t qualify for restriction, you won’t be able to secure a record restriction.

Other situations that may allow for records to be restricted include cases where the prosecutor dismissed the case for insufficient evidence or decided not to prosecute the case for whatever reason.

Are DUI Records Permanent in Georgia?

There is no denying that having a DUI conviction on your record can make it difficult to secure certain jobs, get into certain programs, or even find housing in some cases. This can be very frustrating for individuals, which is why many seek to find out if DUI expungement can free them of this burden.

While no DUI conviction can be expunged in Georgia, there are other options. It may be difficult, but if your DUI case was just recently ruled on, then you could file an appeal. If you win your case and the ruling is overturned, then you may be eligible to have your records restricted. This can be a very difficult process without an insightful and reliable attorney on your side.

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Benefits of Expunging Your Criminal Record

Having a criminal record can have long-lasting consequences, affecting your ability to secure employment, housing, and other opportunities. Fortunately, in Georgia, certain criminal records can be expunged, or cleared from public view. Expungement offers a fresh start and a chance to move forward without the stigma of past mistakes.

Here are some of the benefits of expunging your criminal record:

Improved job prospects: Many employers conduct background checks, and a clean record can make you a more attractive candidate.
Peace of mind: Knowing that your past mistakes are no longer visible to the public can provide a sense of relief and closure.
Increased housing options: Landlords often check criminal records, and expunging your record can help you secure housing more easily.
Regained rights: In some cases, expungement can restore certain rights, such as the right to vote or own a firearm.

Get legal counsel regarding getting your DUI record erased. Fill out a case evaluation request form or give us a call at (912) 493-9506 today!

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