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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
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Experience:  Experienced and knowledgeable criminal defense attorney.
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If a person has a felony conviction that is over 10 years old

Resolved Question:

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?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 5 months ago.
Thank you for the opportunity to assist you.

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,
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 857
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 12 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 5 months ago.
Hello,

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 XXXX XXX matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Again, thank you very much for the opportunity to assist you.

Take care,
Shuband

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