Can You Expunge a DUI in Georgia? What You Need to Know
A DUI arrest or conviction can haunt you for years, affecting everything from job opportunities to housing applications. It’s no surprise that many people want to know whether they can expunge a DUI from their record in Georgia. Unfortunately, Georgia’s laws are among the strictest in the nation when it comes to DUI expungement. But that doesn’t mean all hope is lost. Here’s what you need to know about clearing—or minimizing the impact of—a DUI on your record from our Atlanta DUI Attorneys at The Spizman Firm.
What Is Expungement?
In many states, “expungement” refers to the process of erasing or sealing a criminal record, making it as though the arrest or conviction never happened. Georgia, however, uses a process called “record restriction” instead of traditional expungement.
Record restriction limits who can see your criminal history (like potential employers), but it does not destroy or completely erase the record. That record is still accessible to law enforcement and certain government agencies.
Can a DUI Be Expunged or Restricted in Georgia?
The short answer: Not if you were convicted. Under Georgia law, DUI convictions cannot be expunged or restricted from your record, regardless of how much time has passed or how minor the offense may have been. This includes both misdemeanor and felony DUI convictions.
However, if you were arrested for DUI but never convicted, you may be eligible for record restriction under certain conditions. For example:
- If the case was dismissed by the prosecutor
- If you were acquitted at trial
- If charges were reduced and you weren’t convicted of DUI
In those situations, you can petition to have the arrest restricted from public view. Keep in mind, the process is not automatic—you must request it through the appropriate legal channels.
Other Options to Consider
While DUI expungement isn’t available in Georgia, there are still steps you can take to improve your situation:
- Petition for Early Termination of Probation
If you’ve completed most of your DUI sentence, your attorney may be able to ask the court to end probation early. - Seek a Reduction in Charges
In some cases, a skilled DUI defense attorney can work to have DUI charges reduced to lesser offenses, such as reckless driving. These lesser charges may be eligible for record restriction in the future. - Correct or Clarify Records
If there is an error on your criminal record or your case was resolved favorably, you can work with your attorney to ensure the public record accurately reflects the outcome.
Why Legal Help Matters
Fighting a DUI charge—or cleaning up your record afterward—is rarely straightforward. You need an experienced attorney who understands Georgia’s complex expungement laws and knows how to navigate the system effectively.
At The Spizman Firm, we help people across Georgia protect their future and fight for second chances. We proudly serve clients in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you have questions about your DUI record and what options are available to you, contact us today for a consultation.
Source:
georgia.gov/file-request-expunge-criminal-record
