If you are arrested for a DUI in the state of Georgia, regardless of the outcome, you will have a criminal record. Employers, lenders, insurance companies and other interested parties will have access to public information about your arrest when they do a background check.
You May Be Eligible for Record Restriction in GA
But, in some cases, you may be eligible for record restriction in Georgia. This is the process of removing arrest records from public access. Only law enforcement would be able to see the information after this. You may have heard this referred to as “expungement.” But, the name was changed in 2013 because as that word implies, the record is not really completely erased. It is just made available to law enforcement, not other parties.
If your case is acquitted at trial, or dismissed in the State of Georgia in one of several, specific situations, the arrest record might be eligible for record restriction. If so, the prosecutor will restrict the arrest record. If the prosecutor does not restrict the record, your arrest will be visible on background checks. It will be automatically restricted two years after your arrest. This process only applies to arrests made after July 1, 2013. If you have an old arrest record from prior to that date, you must apply for record restriction with the Georgia Bureau of Investigation.
A DUI Conviction Changes Things
But, if you are convicted of a DUI charge, by pleading or being found guilty by a judge or jury, the record will always be available for background checks. It will not be eligible for record restriction. A DUI conviction can potentially affect your future employment, insurance and rental applications. That is why it is important to immediately seek the help of an experienced DUI attorney if you are arrested. An attorney can help you determine the direction of your case; navigate the court system; and help you achieve the best possible outcome for your situation.
For Record Restriction Georgia Calls Ashley Schiavone for Advice
To find out more about record restriction in Georgia, or how we can help you with your DUI case, call Schiavone Law today! If you are arrested for DUI in Georgia, contact an experienced DUI defense attorney as soon as possible. Ashley Schiavone can take a look at your case and see if there are ways your charges can be reduced or if it is a case that can be tried in court.