If someone has a felony how would they go about expunging it? Circumstances: happened 3-4 years ago in a different state while still a minor but now this person is 18. State currently residing in: Texas State where felony offense was commited: Georgia
If you find this information on a website, please list the website or websites.
Thanks!
TheBigOaf2010-07-02T12:57:44Z
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It's not going to happen. Try re-visiting the issue after 10 years. Felonies are not to be taken lightly. They are serious criminal convictions and states rarely if ever allow for their expungement. You can look up all the websites you want to and fill out the forms possible but you will be wasting your time.
"If someone has a felony how would they go about expunging it?"
In theory, they don't.
That;s the point of a criminal record - it's meant to be a permanent and unambiguous marker of a person's having committed an act that separates you from the rest of law abiding society. This isn't just like getting points for speeding or going through a stop sign, you either
- stole a $h!tload of money - broke into someone's home - sold crack to a kid who's never even had a beer - got caught DWI (again) - raped (at all) - beaten - killed
or committed some other act that otherwise inflicted pain on the rest of society.
The exceptions:
Crime and punishment is a matter of statute - therefore you need to know if there's a statute that provides for sealing or expungement.
Having a record is also a matter of statute. Underage defendants in many states are often treated differently than adults - among other things, their convictions don't count as convictions.
You need to research Georgia law on this matter.
You need to know if he was in fact convicted of a felony whether he was treated as an adult and if so, whether Ga. law allows for expunge.
Has nothing to do with where you live now. Where you convicted? If so you need a pardon from the Governor of Georgia to get your full citizenship rights back before you can get anything expunged.
No conviction and you want the arrest off the official record? (btw if you went to court your arrest will show up in private data bases, the kind that employers and anyone else can use). You contact the locals who arrested you and make the request. Here is the law
O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only. The arrest is expunged in its entirety from the FBI criminal history record.
The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. All applications must be approved or denied by the appropriate prosecutor.
To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Local Record Expungement. The request for expungement form is a three-part form: 1. - You will complete Section One and return to the arresting agency. 2. - Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor). 3. - Completed by the prosecutor who will approve or deny the request.
Once the prosecutor completes their portion, they will forward the complete form to GCIC.
In maximum states, felonies are by no ability expunged out of your checklist, particularly if it grew to become right into a intercourse crime, drugs, or a violent crime. you will possibly do nicely to touch a community criminal expert to confirm your ideas yet people who prefer to comprehend what your criminal historic past sounds like, will truthfully discover out. A criminal by no ability is going away. better of success to you.
I think you have to apply to the court where it happened, but be prepared for a long , tedious journey. Courts are so backed up they may wait for months before you hear from them.