DUI Expungement GA: Everything You Need to Know
Author: Jameel Manji, Founder, Manji Law, P.C.
Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: March 17, 2022.
Driving under the influence is a serious offense, but a DUI expungement in GA can return your life. Local legal counsel explains this complicated process.
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DUI Expungement GA
A DUI expungement in GA is a legal process that removes a past DUI arrest or conviction from your record. This can significantly impact your life, and it’s essential to understand how it works before you start.
The first thing to understand is that the process of getting an expungement will vary depending on where you live. In some states, it’s possible to get an expungement without any formal petition or court appearance. In others, you’ll need to file paperwork with the court and appear in front of a judge to get an expungement.
Next, you need to figure out whether or not your state even allows for DUI expungements at all. Some states don’t allow for this type of legal action. Experienced Atlanta DUI lawyers may be able to provide additional information and advice. They may even be able to get a Georgia DUI conviction removed from your criminal record. Contact Manji Law for a confidential consultation.
Common DUI Penalties in Georgia Explained
The penalties for a felony DUI conviction in Georgia can be quite severe. The following summarizes some of the penalties that you may face if you are convicted of driving under the influence.
Attendance at DUI school
Fine of $600 to $1,000
Installation of an ignition interlock device
Jail time of 12 months to 5 years
License suspension for one year to life
Recommended substance abuse treatment
The repercussions of first or second DUI convictions have long-reaching consequences in the state of Georgia that extend past the initial penalties, such as elevated insurance rates, loss of professional license, and a limited driving permit.
Having a reputable Metro Atlanta lawyer with a good attorney-client relationship to explain the criminal justice proceedings can help. They may be able to represent you in front of the Georgia pardon and parole board and assist with expungement procedures.
What Is Record Expungement?
Many people are unsure what a record expungement consists of. A criminal record is typically the record of a person’s arrest, charge, trial, and/or conviction for a crime. A criminal record may be sealed or expunged from public view when the person is granted an order to seal or expunge the record by a court.
In Georgia, criminal records may be sealed under certain circumstances. The following are some examples:
The person was arrested but not convicted of a crime
The person was arrested and convicted, but the conviction has been set aside or annulled
The case against the person was dismissed
The person was found not guilty at trial
You may also be able to have your records restricted if the sentence imposed was suspended, and no part of that sentence has been served. A skilled GA law firm can review your drunk driving case and advise you on a criminal offense defense strategy.
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Can I Get a DUI Expunged in GA?
You may wonder, “Can I get a DUI expunged in GA?” DUI charges are severe, and a Georgia DUI prosecutor and arresting law enforcement agency enforce the consequences, especially if the accused plead guilty.
A DUI expungement in GA is a legal process that removes the arrest and conviction from your criminal record. It does not erase the fact that you were once arrested for DUI, but it does remove the associated consequences.
In Georgia, you can get a DUI expunged if:
You are convicted of less than one year of jail time
You were not convicted of any other crimes in the last ten years
You complete probation and do not commit any other crimes
To avoid the consequences of having a criminal record forever, you should have your DUI case reviewed. A law office with experience in defending a felony offense or DUI charge may be able to help you avoid having your car insurance rates skyrocket if you are accused of reckless driving or other traffic violation.
What Charges Cannot Be Expunged in Georgia?
Georgia law states that there are certain charges that cannot be expunged in Georgia. These include:
Any felony conviction for a crime of violence
Any misdemeanor conviction for a crime of violence
Any felony conviction constituting a violent crime if committed by an adult on or after July 1, 2018
Any misdemeanor conviction constituting a violent crime if committed by an adult on or after July 1, 2018
Contact Manji Law for a drunk driving case evaluation before pleading guilty to a traffic infraction or DUI in Georgia.
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How Long Does a DUI Stay on Your Record in GA?
The length of time a DUI stays on your record in GA depends on several factors. The first is the severity of the DUI. If it’s a misdemeanor, it can stay on your driving record for up to ten years. Felony convictions stay on your driving record for up to fifteen years.
If you are fighting DUI charges, you should retain the services of a North Georgia law firm to improve your odds of avoiding felony DUI or misdemeanor convictions.
How to Apply for DUI Expungement in Georgia
Contact Manji Law to learn how to apply for a DUI expungement in Georgia. The law in Georgia dictates:
“A person who has been convicted of a DUI offense may apply to the court for an order to expunge the record of the arrest, conviction, and sentence if at least one year has elapsed since the date of conviction and no other DUI offense occurred during that one-year period.”
This means that if you have had a DUI conviction and have not been convicted of another DUI offense within the last year, you can apply for expungement from your record.
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How Long to Process DUI Expungement
Many factors go into the time it takes to process a DUI expungement. These factors include the type of offense, when it occurred, and where it occurred.
The time it takes to process a DUI expungement depends on which state you live in. For example, the process can take anywhere from 10 days to 4 months in California. In Illinois, on the other hand, it could take up to 5 years before your DUI is completely removed from your record. In GA, it is important to note that the process can be completed within a year for those who are eligible.
The type of offense will also determine how long it takes for your record to be cleared. For example, if you were arrested for driving under the influence but later found not guilty by a jury trial, this would be classified as an infraction rather than a misdemeanor or felony and would likely take less time.
Hiring a GA Attorney for the DUI Expungement Process
It’s possible that the best Atlanta criminal immigration lawyer can help you get your DUI expunged to limit its effects on your immigration efforts, as well as other aspects of your life. A person convicted of a DUI faces various difficulties in the aftermath.
Some of these include:
Loss of driving privileges
Loss of employment
Inability to rent an apartment
Inability to obtain credit
However, there are ways to get relief from these penalties. One way is for the individual to petition for an expungement in court. An expungement removes all records and evidence of the DUI from public view. This includes arrest records, booking photos, and driver’s license records. Contact Manji Law for a consultation.
DUI Expungement GA Help
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