For whatever reason many folks are under the impression that a criminal conviction can be or will be expunged or sealed after some finite period of time. Nothing could be farther from the truth. Whether the accused has entered a guilty plea (i.e. I did it and I am ready to take responsibility for doing it), a nolo contendere plea aka nolo plea (i.e. I am not contesting the evidence the state will offer to the judge), an Alford plea (i.e. I am not guilty, but having looked at the evidence against me, I think it is in my best interest to enter a guilty plea), or a first offender plea (i.e. this is the first trouble I have ever been in), the arrest and disposition of the case will be available for all to see, forever.
Expungement only becomes a possibility when someone is trying to get an “arrest” off of his/her record, not a “conviction”. In Georgia, O.C.G.A. § 35-3-37 controls expungements. An arrest expungement is fairly simple if an individual has been arrested, and: (1) is released by the arresting agency prior to the case being referred to the prosecuting attorney (i.e. District Attorney or Solicitor General); or (2) the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation. O.C.G.A. § 35-3-37(d)(1). In effect the statute views the arrest as a mistake, and as such it should not remain on the person’s criminal history.
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Main point to remember: A conviction will not be expunged, but an arrest can be expunged. If you are the type of person that will not want an arrest to appear on his record, then you need to retain an experienced criminal attorney as soon as possible.
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In the United States, criminal law is arguably the most complex area of law, since it comprises a wide range of concepts. As a result of this, there are a wide range of available attorneys that specialize in criminal defense. A good criminal attorney will advocate on behalf of their client in court and defend them to the best of their abilities against criminal charges.
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