I get several phone calls each month asking me if I can get a person’s DUI arrest expunged. Do a google check on expungment and you will find lots of sites appearing to know what they are talking about…. but they don’t!
First, what is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Can a DUI be expunged in Georgia?
Currently there is no way of deleting a DUI from the arrest records. Why? Because in Georgia there are only 2 ways of getting an arrest deleted. They are:
1. You were not the person shown as being arrested.
2. The charges were dismissed before an accusation was brought against you, or you enter into a pretrial agreement where the prosecutor agreed to expunge the arrest record.
Since a citation acts as an “accusation”, you are “charged” immediately at the scene of a DUI arrest, and therefore you do not fit into category number 2.
Don’t be misled by web sites telling you that DUI expungments are easy in Georgia. Call me to get the straight answer!
(This blog was orginally posted at defendingdriversrights.com)
