Request to Expunge Arrest Record
O. C.
G. A. 35-3-37(d)(1) provides in part that "An individual
who was: (A) Arrested for an offense under the laws of
this state but subsequent to such arrest is released by
the arresting agency without such offense being referred
to the prosecuting attorney for prosecution; or (B)
After such offense referred to the proper prosecuting
attorney, and the prosecuting attorney dismisses the
charges without seeking an indictment or filing an
accusation may request the original agency in writing to
expunge the records of such arrest..."
In
order to have an entry removed from your criminal
history, your situation must be in accordance with the
above law. You will need to provide a copy of the
disposition of the case from the appropriate court.
We will not provide this for you. If it is a
misdemeanor case, you need to contact the
Clerk of State
Court's Office. If it was a felony case, you need
to contact the
Clerk of Superior Court's Office.
If you do not meet the requirements of the law above, do
not turn this form in.
There
is a fee for this service of $25.00 per application.
This must be paid by cash or money order.
There can only be one arrest per application. For
example, if you were arrested and given three charges on
the same incident, they can be on the same request.
But, if you were arrested one day for a charge, and then
arrested later the same day for another set of charges,
there will need to be two forms.
You
will need to print the form and fill it out. If
you do not fill the form out legibly it could delay your
request. If we can not read it and understand it,
we will not process it.
*If you would prefer a
blank form with NO fields to fill in,
click here.
