Expungement is often equated to the sealing or destroying of legal records. Each state offers its own definition of expungement, based on different rules and laws. Generally, expungement can be viewed as the process to "remove from general review" the records pertaining to a case.

Expungements do not occur automatically. In the case of incomplete or inaccurate records, the subject of the records may request the agency having custody or control of the records to purge, modify, or supplement them and to notify the Georgia Criminal Information Center (GCIC) of such changes. The individual or his or her attorney may, within 30 days of such decision, enter an appeal of the agency's decision to the superior court of the county of his or her residence or to the court in the county where the agency exists, with notice to the agency. The court shall conduct a hearing and may order such relief as it finds to be required by law. Notification of any deletion, amendment, and supplementary notation will be promptly given to any individuals or agencies, including the GCIC, to which the records in question have been communicated, as well as to the person whose records have been ordered altered.

In the case of a person arrested and not convicted, they may make a written request for expungement to the original agency having jurisdiction in the case. Upon receipt of the written request, the agency shall provide a copy of the request to the proper prosecuting attorney. The prosecuting attorney will then review the request to determine if it meets the criteria for expungement. If the request meets those criteria, the prosecuting attorney will then review the records of the arrest to determine if any of the material must be preserved in order to protect the constitutional rights of an accused. If the agency declines to expunge the arrest record, the individual may file an action in the superior court where the agency is located.

Here at The Schiffer Firm we simplify the expungement process for you. We review each case on an individual basis and in many instances are able to "clear our clients good name". Start the simplified process now by contacting us for a free consultation.