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Cherokee County Record Sealing for Adult Charges

The Georgia legislature has recognized that people make mistakes, particularly in their younger years. Thanks to this, the legislature enacted laws that went into effect July 1, 2013, to provide a solution for individuals who made a mistake or were caught up in a bad situation and do not wish to have one situation derail their futures.

The “second chance law” allows for the sealing or restriction of criminal histories—sometimes erroneously called expungement—under certain circumstances. When records are restricted or sealed, it limits who has access to them.  Many employers will be unable to see this information, though there are some exceptions.  Additionally, an arrest or conviction will still be visible to judicial officials and criminal justice agencies for hiring or investigative purposes. Record sealing helps people who have a criminal record move forward with their lives and have more employment, educational, and housing opportunities—as well as, perhaps, more self-esteem for having overcome their obstacles.

If you or your loved one has been involved with the justice system and are ready to move forward with your life, our trusted team may be able to help. Contact our dedicated defense attorneys to learn more about Cherokee County record sealing and your options for a brighter future.

Who Qualifies for Record Sealing in Georgia?

In order to seek a restriction and sealing of their records, a person must qualify in one of many ways.  The most common qualifications are:

• The individual’s case was dismissed, including through successfully completing a pre-trial diversion program (there are some exceptions to this);
• A jury found the individual not guilty of the offense(s);
• The individual was sentenced under the Conditional Discharge provisions of O.C.G.A. § 16-13-2 (related to drug offenses), or O.C.G.A. § 3-3-23.1 (related to underage possession of alcohol offenses), or Georgia’s First Offender Act (O.C.G.A. § 42-8-60, et. seq) and successfully completed their sentence; or
• The individual was convicted of a misdemeanor or series of misdemeanors resulting from the same event (with some exceptions) and the individual has not been convicted of any crime (except minor traffic offenses) in at least four years prior to filing a petition to seal or restrict the records.

There are other scenarios where someone may qualify, as well as some exceptions to the above that could disqualify an individual from a sealing or restriction.

There are many other changes that have been made to this law over the last 10 years, so even if you have previously been told you do not qualify for a Cherokee County record sealing, it is worth looking into again.  Contact our team of experienced attorneys who can help seek a clearer future for you or your loved one through a restriction and sealing of your records.

The Record Sealing Process

When a person qualifies for a restriction of their criminal history, they must file a formal court the court that had original jurisdiction over the offense. At the formal court hearing, the judge will hear evidence from the person requesting the Cherokee County record sealing, as well as the prosecutor. To determine whether granting the restriction is appropriate, the judge will consider all relevant evidence to determine whether the privacy interest of the person petitioning for the restriction outweighs the public’s interest in the criminal history information being available.

Should the judge grant the petition, notice that the record has been sealed should be sent to the Georgia Crime Information Center (GCIC) and the Clerk of Court. GCIC should update the official records and notify the arresting agency that the information is now sealed to the public. The Clerk of Court should also restrict these records upon receiving notice of the judge’s decision.

However, the methodology above is the bare minimum approach.  Our team’s proprietary process goes above and beyond the minimums to find errors or corrections needed at multiple places in the record sealing process and to ensure that the appropriate agencies take the steps they should for sealing the records.  Additional steps may be needed to ensure the court and arresting agency’s records are properly sealed.

By working with a qualified team like the Ghanouni Teen & Young Adult Defense Firm, we ensure that our clients are knowledgeable and informed of the process along the way and that their records are properly sealed.

Reach Out To Learn if You Are Eligible for Cherokee County Record Sealing

If you or your loved one have been convicted of a crime and would like to explore your options for restricting the record of this event, our knowledgeable team can help you review your options. Even in scenarios where the second-chance law may not apply, you may have other solutions available to help you achieve your goals.

Contact the Ghanouni Teen & Young Adult Defense Firm today to schedule a strategy meeting.