Can You Expunge a Fraud Charge in Georgia? What You Need to Know

Being charged with fraud can have a devastating impact on your life—even if the case was dismissed or you were never convicted. A fraud charge on your record can harm your chances of securing employment, housing, or even educational opportunities. Fortunately, under Georgia law, it may be possible to expunge, or restrict, your criminal record in certain situations.

But when it comes to fraud charges, the process isn’t always straightforward. Here’s what you need to know from The Spizman Firm about expunging a fraud charge in Georgia.

What Is Record Restriction (Expungement) in Georgia?

Georgia doesn’t technically use the word “expungement.” Instead, it uses the term record restriction to describe the process of limiting who can see your criminal history. When a record is restricted, it becomes invisible to the general public, including most employers and landlords. However, law enforcement agencies and certain government entities may still have access.

Can a Fraud Charge Be Expunged?

Whether a fraud charge can be expunged depends on the outcome of your case and other specific circumstances. Here are a few scenarios in which record restriction may be possible:

1. You Were Arrested But Not Convicted
   If you were charged with fraud but the charges were dismissed, you were acquitted, or your case was closed without a conviction, you may be eligible to apply for record restriction.
2. You Completed a Pre-Trial Diversion or Conditional Discharge Program
   Some fraud cases may be eligible for diversion programs. If you successfully completed one, you could qualify for record restriction, provided the prosecuting attorney approves.
3. You Were a Juvenile at the Time of the Offense
   Juvenile records are often eligible for restriction, even in fraud cases, if certain conditions are met.

When a Fraud Charge Cannot Be Expunged

Unfortunately, not all fraud charges are eligible for restriction. You cannot apply for record restriction if:

• You were convicted of the fraud charge as an adult.
• You have other disqualifying convictions on your record.
• The fraud involved governmental or fiduciary misconduct, which can complicate eligibility.

In Georgia, criminal convictions generally remain on your record permanently unless new legislation applies or you receive a pardon or other post-conviction relief.

How to Apply for Record Restriction

The process of restricting your record in Georgia includes:

• Determining eligibility based on court records and case disposition.
• Submitting an application to the arresting agency and the prosecuting attorney.
• Paying any required fees and waiting for approval.

Working with our experienced Atlanta Criminal Defense attorneys can greatly increase your chances of a successful outcome by ensuring that paperwork is filed correctly and deadlines are met.

Clear Your Record. Reclaim Your Future.

A fraud charge on your record can hold you back for years—but you may have options for a clean slate. At The Spizman Firm, we help individuals throughout Georgia navigate the process of record restriction and fight for their second chance.

We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today to find out if you qualify for expungement of your fraud charge.