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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
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If a person has a felony conviction that is over 10 years old

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If a person has a felony conviction that is over 10 years old and is trying to get taken off of one's record, how would they go about doing that?
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Q) If a person has a felony conviction that is over 10 years old and is trying to get taken off of one's record, how would they go about doing that?

I have to be the bearer of bad news. One of the parts of this job as an "expert" that I like the least is when I have to tell customers that the law does not provide for their desired outcome. Unfortunately, I have to tell you that very thing in this case.

Under current Georgia law, no case which resulted in a conviction, whether that conviction is a misdemeanor or a felony, can be removed or expunged from a person's record. The only conviction that can qualify for expungement is where the person was convicted (technically the term is "found delinquent") as a juvenile.

Some states are different. Arizona, for example, is surprisingly liberal when it comes to expungement. Arizona will allow expungement even for certain felony convictions. Most states are far more restrictive, and Georgia is no exception.

Georgia recently reformed its expungement law, and it's now called "record restriction" instead of expungement. However, nothing changed in terms of the prohibition on expunging convictions.

In order to get a non-juvenile conviction taken off your record, you'd have to first seek a pardon. You should probably ask an attorney to help you when applying for a pardon, as it's not as simple as just filling out a form. If you do not know an attorney in your area who is familiar with applications for a pardon, try the Georgia State Bar attorney referral service. They should be able to point you in the right direction.

Again, I regret I wasn't able to bring you better news, but do I hope my response has been helpful in understanding why the law won't help you in this situation. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
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I was notified that you rated the answer I gave positively and that you generously applied a bonus payment for my efforts. Thank you so much. I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

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