Can a Theft Charge Be Expunged or Restricted in Georgia?
Facing a theft charge can be a daunting experience, especially when you consider the potential long-term impact on your life. A theft charge or conviction can affect your ability to secure employment, housing, and even professional licenses. Fortunately, Georgia’s expungement laws, also known as record restriction laws, may offer a way to mitigate these effects. This blog from The Spizman Firm explores whether theft charges or convictions can be removed from your criminal record under Georgia law.
Understanding Expungement in Georgia
In Georgia, “expungement” is referred to as “record restriction.” Record restriction doesn’t erase your criminal record entirely but limits access to it, making it unavailable to the general public, including employers and landlords. Law enforcement and certain government entities, however, can still access restricted records.
Can a Theft Charge Be Expunged?
Whether a theft charge can be expunged depends on the specifics of your case, including whether you were convicted, acquitted, or if the charges were dismissed.
If your theft charge was dismissed or you were acquitted, you are typically eligible for record restriction. Georgia law allows for the automatic restriction of non-conviction records in many cases. However, some exceptions apply, such as if the charge was dismissed due to a plea deal for another crime.
For those who were convicted of theft but sentenced under Georgia’s First Offender Act, record restriction may be possible upon successful completion of the sentence. The First Offender Act is a second chance program that allows eligible individuals to avoid a conviction record if they meet all the requirements of their sentencing.
Unfortunately, most theft convictions cannot be expunged in Georgia. Once convicted, the record remains public unless it qualifies under specific exceptions, such as the First Offender Act or a pardon from the Georgia Board of Pardons and Paroles. Even with a pardon, the record will not be restricted but may reflect the pardon to show rehabilitation.
The Expungement Process
To seek record restriction for a theft charge, you’ll need to follow these steps:
- Determine Eligibility: Verify whether your theft charge qualifies for restriction under Georgia law.
- Obtain a Copy of Your Record: Request your criminal history record to confirm the details of your case.
- File a Petition: If your charge is eligible, you may need to file a petition for record restriction with the arresting agency or the court, depending on the circumstances.
- Await Decision: The court or prosecuting agency will review your petition and decide whether to grant the restriction.
How The Spizman Firm Can Help
Navigating the complexities of Georgia’s record restriction laws can be challenging without the right legal guidance. If you’re looking to have a theft charge removed from your record, The Spizman Firm is here to help. Our experienced attorneys understand the nuances of Georgia law and can assist you in determining your eligibility and filing the necessary paperwork.
Our Atlanta Theft Lawyers proudly serve clients in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a consultation to learn how we can help you protect your future and restore your peace of mind.
