Is there any difficulty requesting DUI records expungement under OCGA 35-3-37? Is it better to go through an attorney?
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Is there any difficulty requesting DUI records expungement under OCGA 35-3-37? Is it better to go through an attorney?
A young female college student was arrested on weekend leaving campus. She was asked to accompany the officer to the station, was arrested and jailed overnite for driving ‘erratically’ and supposedly refusing a breath test. The prosecutor declined to press charges due to lack of evidence, and the case did not go before a judge. This young person had no prior arrests and none since – she does not drink.
Asked on June 14, 2009 under Criminal Law, California
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Here is the website explaining how to expunge a record in Georgia: http://gbi.georgia.gov/00/channel_modifieddate/0,2096,67862954_67866875,00.html. Scroll down the page to the section titled "What is a Local Record Expungement?"
To apply for the expungement, you must contact the arresting law enforcement agency to obtain an application for "Local Record Expungement." This form is a three-part form to be completed by the person seeking expungement of their record, the arresting agency, and the prosecutor.
You may want an attorney to review the record and determine if the person qualifies for expungement and/or if there are any possibilities that the request for expungement may be denied.
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