As experienced criminal defense attorneys in Augusta, Georgia, we obtain favorable results for our clients.  These results include acquittals, dismissals, pretrial diversions, and reductions in charges. During our client consultations, we are often asked: “how do I expunge my record?”  This article will provide an overview of issues surrounding record restriction.

What is a record restriction?

In Georgia, record restriction, formerly known as expungement, is the process of removing criminal charges from an arrest record.    Record restriction limits the information accessible to the general public and most employers about prior arrests. Your arrest history can have a significant impact on your ability to find work and may even impact housing availability.

Why is record restriction important?

The Georgia Crime Information Center is the state agency that tracks a person’s arrests and convictions and also provides background checks. Background checks are requested for a variety of reasons including:

• Employment
• Licensing
• Immigration
• Volunteers
• Security clearance
• Housing

When a person is arrested and charged with a crime, certain personal information is collected, reported, shared, and accessible to law enforcement agencies across the state.  Arrest history is connected to specific identifying information, such as fingerprints, social security numbers, and dates of birth. This same information is requested by many potential employers and organizations when screening for the purposes listed above.

Who receives an application for record restriction?

The process of restricting a past criminal arrest involves multiple agencies, including the prosecuting officer, the arresting agency, police department, or sheriff’s office, as well as the Georgia Bureau of Investigations (GBI), which is the record-keeping agency for all finger printable arrests in the State of Georgia.

An application for a restriction must be made to each arresting agency.  If you live in a large geographic judicial circuit, such as Augusta which includes Burke, Columbia, and Richmond Counties, an application for record restriction will need to be made with each sheriff’s office.

Who is the prosecuting officer?

The prosecuting officer varies by jurisdiction. The District Attorney is an elected official and prosecutes felonies in Superior Court. The District Attorney is also charged with prosecuting misdemeanors in areas where there is not a designated misdemeanor prosecutor.  The Solicitor General prosecutes misdemeanors in counties that have elected to create a State Court. These prosecutors review applications to determine whether a charge is eligible to be removed from your criminal record.

What kind of records can be expunged in Georgia?

In Georgia, several factors are taken into consideration to determine whether a record can be restricted.  Both the timing of when a case is dismissed and the reason a case is dismissed are important. Additionally, participation in a treatment court or successful completion of a deferred adjudication program can create an opportunity for restriction of an arrest and associated charges at a later date.

Can you get your record restricted if you plead guilty?

Charges can be resolved at varying stages during the course of a prosecution.  Examples include the following:

• A person may be arrested for a particular offense, but formal charges never follow and the case is dismissed for insufficient evidence.   
• A person may be arrested for a particular offense, and the charges are upgraded by the charging document or indictment, but a enters a guilty plea to a lesser included offense.  
• One agency may initiate a prosecution but the charges are later pursued by a different agency.  
• A person may be acquitted of all charges during a trial because the prosecutor could not meet the burden of proof requiring guilt beyond a reasonable doubt.
• A person may acquit of some charges and found guilty of lesser included offenses of other charges during a trial.
• An aggressive and effective motion practice may result in the suppression of evidence recovered by law enforcement. Evidence recovered during the bad search can no longer be used at trial and the case is dismissed.

In the above examples, some of those accused are eligible to have their charges and arrests restricted while others are not. Additionally, a person sentenced pursuant to the First Offender Act has some protections while under sentence and increasing protections once the conditions imposed by the court have been successfully completed.

Does record restriction happen automatically?

Record restrictions also have a time component.  Some arrests are automatically restricted while others actually require an application.  The older the arrest, the more likely it is to need review. The law regarding expungements changed in 2013.  The exact date of arrest determines whether an offense will be automatically restricted upon certain dispositions or will require an application.

Can I appeal a denial of a record restriction?

Evidentiary hearings before the court can be requested to challenge the interpretation and application of certain record restriction provisions.  The court is empowered to engage in a balancing test weighing public policy and community interests against the harm to the accused. Most often a record restriction occurs after a final disposition of a charge.  However, if a conviction has been overturned by an appellate court and the case has not been retried in a timely fashion, a restriction may be available to the accused.

The attorneys at Davis, Chapman, and Wilder, LLC understand that your past does not predict your future and that sometimes people find themselves in unanticipated situations.  Don’t let an old arrest keep you from reaching your maximum potential. Davis, Chapman, and Wilder, LLC has the experience and expertise to review your criminal history and help you clean up your record.  Call us today at 706-200-1578 to find out how we can help you.

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As criminal defense lawyers in Augusta, we often assist clients who are concerned about the consequences of a traffic ticket.

Do I need a lawyer for a traffic ticket in Georgia?

You may think traffic tickets are more a nuisance than a danger to your liberty, but that is not always the case. Georgia is the last remaining state to classify low level traffic tickets, such as speeding tickets, as misdemeanor offenses. That means that technically, when that officer hands you a ticket for traveling over the speed limit, you could be facing up to 12 months in jail and a $1000 fine.

Is a judge really going to put me in jail for your speeding ticket?

Probably not, but that doesn’t mean there won’t be unforeseen consequences. Traffic tickets can impact you in numerous ways. They can impact your insurance rates. They can have high fines. They can put points on your license. Some tickets can suspend your license. Other types of traffic violations do carry mandatory time in jail. Violations can have increasingly severe consequences each time you are convicted.

Should I plead guilty to a traffic ticket?

When you get a ticket, you may plan to just grumble to your friends, pay the ticket, and move on. However, even if you can just pay the ticket instead of appearing before a judge, paying a ticket means that you are entering a guilty plea to the charge. Depending on the type of infraction, that may have little impact on anything but your wallet, or it may suspend your license. Before you plead guilty, you should know that the Department of Driver Services will automatically suspend your license for a conviction of:

• hit and run,
• leaving the scene of an accident,
• racing,
• driving with a revoked, canceled, or suspended license,
• driving without valid insurance,
• driving under the influence of drugs or alcohol

These are just some of the infractions that can lead to a suspension of your driver’s license.

You can also lose your license if you get 15 points on your license within a 24-month period. Points can come from tickets received outside the State of Georgia as well.

If your teenager is the one who comes home with a ticket, you need to be aware that violations that may not suspend an adult’s license may have more severe consequences for someone under the age of 21.

Calculating License Points in Georgia

Aggressive Driving	6 points
Reckless Driving	4 points
Unlawful Passing of a School Bus	6 points
Improper passing on Hill or Curve	4 points
Speeding less than 15 miles over the speed limit	0 points
Speeding 15 to 18 miles over the speed limit	2 points
Speeding 19 to 23 miles over the speed limit	4 points
Speeding 24 to 33 miles over the speed limit	6 points
Failure to Obey Police Officer	3 points
Possessing an Open Container of an Alcoholic Beverage while Driving	2 points
Violation of Child Safety Restraint (1st Offense)	1 points
Violation of Child Safety Restraint (2nd+ Offense)	2 points

You can see a list of offenses and their associated points on the Georgia Department of Driver Services website.

Remember that as of July 1, 2018, Georgia has a new hands free law, making it a violation to use your cell phone while driving unless it is operating through a hands free device.

How Long Do Points Stay on Your License in Georgia?

The Department of Driver Services has a 24 month “look back” period for point calculations. That means that your old points will roll off your license after two years.

If you are near the maximum number of points, the good news is that the Department of Driver Services allows license holders to request a reduction in the number of points on their license once every five (5) years. To request the points reduction, you have to complete a certified Driver Improvement course, commonly called defensive driving, and present the certificate you receive to the department. The Department of Driver Services keeps a list of approved programs that you can access here.

Can I just plead nolo contendere (no contest)?

Typically you can enter a no contest plea once every five (5) years, assuming that the judge accepts your plea. To do so, you will have to go to court on your court date. If your ticket is payable and you choose to pay the fine rather than go to court, remember that the court will enter a guilty plea on your behalf even if you were eligible for a no contest plea. A no contest plea can save you points on your license or even keep your license from being suspended under the right circumstances. A key example would be a no insurance ticket. If you were to plead guilty, your license would be suspended for 60 days, and you would have to pay a reinstatement fee to the Department of Driver Services to get your license back. However, if you entered a no contest plea for your first no insurance ticket within a five year period, your license would not be suspended.

Can I get a permit to drive to work if my license is suspended?

If you are at least 21 years old, there are some situations in which you may be eligible for a limited permit during your suspension period. You may have to pay a fee or abide by additional restrictions in order to be given such a permit. A limited permit gives you permission to operate a vehicle as long as you are going to an approved location or completing an approved task. Examples of places you may be allowed to drive are:

1. Driving to work.
2. Going to necessary doctor’s appointments.
3. Attending classes at a college or school.
4. Attending regularly scheduled AA or NA meetings or other treatment program.
5. Attending a driver education program.
6. Attending court, report to community supervision or probation, or to perform community service.
7. Transporting unlicensed immediate family members to the doctor, to work, or to school.

Do You Need a Criminal Defense Attorney in Augusta, Georgia?

If you want to speak to a lawyer about the consequences of your speeding ticket, DUI, driving with a suspended license, habitual violator charge, or other related charge in Augusta, Evans, Martinez, Grovetown, Waynesboro, and the surrounding areas, you should contact the attorneys at Davis, Chapman, and Wilder, LLC immediately for a complimentary case evaluation. Our attorneys can advise you of all the consequences you may face if convicted and can work to fight the ticket, lessen the fine, or reduce the other penalties associated with your charge.

Posted in Traffic Offenses | No Comments »