Cleaning Up Your Arrest Record: A Quick Glance at Restrictions (formerly Expungements)

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Having a hard time getting that dream job because of a past arrest on your record that was actually dismissed?  Are you missing out on opportunities because you are being judged on your arrest record?  If you have found yourself answering yes to these questions, you may be eligible to have your criminal history restricted.

Formerly known as an expungement, a restriction allows you to restrict access to your criminal arrest record to certain entities if you meet specific statutory requirements.  Contrary to popular belief, a restriction cannot be used to remove a conviction from your record.  However, a restriction can be used to limit access to your arrest record under certain circumstances.  Pursuant to O.C.G.A. § 35-3-7,

‘restriction’ means that the criminal history record information of an individual relating to a particular charge shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34.

O.C.G.A. § 35-3-7(6).

Under this amended statute, the law now distinguishes between arrests that occurred prior to July 1, 2013, and arrests occurring after July 1, 2013, so be sure to know the basics before pursuing this on your own.  That is where we come in to help.

Whether you are looking for a new job or applying for college, restricting your criminal arrest record can often be the difference between your dream job or college and an unfortunate let down.  Give us a call today and let us guide you through this process.

With three different office locations in Griffin, Barnesville, and Thomaston, Georgia, we are conveniently located in your local area for in-person consultations or consultations over the phone.

At Pasley & Nuce, LLC, we’re here to help when you need it most.

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