DUI Lawyer In Georgia

Reader’s Question:

My father has a DUI conviction here in Savannah, Georgia. He was advised by his lawyer that he can have his DUI record cleared. If this is true, what is the eligibility of having a DUI record cleared?

Nadia

Savannah, GA

Yes, your father can have his DUI record in Savannah, Georgia erased in the eyes of the law, or more exactly, in the file of the Georgia Crime Information Center. This is through expungement of the DUI record.

Expungement happens under very limited situations. If your father was detained but not convicted, he may apply to have his arrest record expunged so that a potential employer does not see his arrest on his criminal record. Nevertheless, it is not a given right that if he applies for it, expungement will happen. Your father’s DUI record can be expunged if he has no other criminal charges pending against him and he has not been convicted of the same or an analogous crime in the last five years. He can apply for DUI expungement by going to the law enforcement or sheriff’s unit that arrested him ask for expungement forms. He needs to know the date he was detained and the misdemeanour for which he was arrested. After he completes the forms and returns them to the arresting organization, they will file the forms with the district or state attorney’s office for determination of his case and he will be advised of the outcome.

If he is denied for the expungement, inside thirty days, he can file an appeal with the superior court of the county where he was detained. Another alternative is requesting to have his civil liberties restored if his crimes cannot be expunged from his criminal record. He can apply for this if he has served his condemnation and he lives in Georgia.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer