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can a felony conviction for habitual violation (traffic) be

Resolved Question:

can a felony conviction for habitual violation (traffic) be expunged in the state of Georgia? No violence, no injury to others, etc. involved.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 2 years ago.

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Unfortunately, no. Every state makes their own laws on the expunging/sealing of records, and Georgia's laws are rather limiting in that respect. In Georgia, a person is eligible for expungement only when:

1. A person can show their records are inaccurate or incomplete.


2. A person with no conviction because charges disposed of or dismissed, has no charges pending, and has been not convicted of anything in U.S. in last five years, excluding incarceration time.


3. A juvenile if a petition alleging delinquency is not filed, or the proceedings are dismissed after either a petition is filed, or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4, or the child is adjudicated not to be a delinquent child.

 

Your only option would be to apply for a pardon. While it will not expunge your record if granted, it is attached to your criminal history, and you could tell persons that the charge(s) were pardoned. You must wait 5 years from final completion of any sentence (parole, probation, all fines paid, etc) before applying.



If you would like any additional information or have more questions please don’t hesitate to ask!

RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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