Not all felonies are eligible for restriction and sealing. However, restriction and sealing does not prevent law enforcement or a judge from viewing your record. This means private background check companies, most often used by employers, will not be able to see your criminal record. Restriction and sealing means your criminal records will no longer be public record. Sealing refers to the court records of your case. Restriction refers to the official Georgia criminal history report the state maintains in the Georgia Crime Information Center. This is a two-step process that you can apply for after receiving your pardon. How do I get my record restricted and sealed? “Try and stick to the facts as much as possible, and try to keep your answers short and answer the questions that they’re asking,” she said. This is the same body that oversees parole hearings, and Donohue-Koehler said they are looking for applicants to take responsibility for their actions and show rehabilitation. While your conviction will be the topic of discussion, your guilt or innocence has no impact on your pardon. Unfortunately, this is not the time to dispute the facts as alleged by the state,” said Donohue-Koehler. And so it can be really challenging to answer the questions honestly, and in a way that’s going to make your application persuasive. “For a lot of our clients, thinking back to this time in their lives really can be almost retraumatizing, because this likely was a very traumatic time for them. Eligibility is not a guarantee that you will be pardoned, and your meeting with the caseworker will be factored into the board’s decision whether to grant the pardon. This will happen after your application is processed and your eligibility is confirmed. Oftentimes they will try to schedule the interview at your home.
What happens after I send my application in?īefore you can be granted a pardon, you will be interviewed by a caseworker from the State Board of Pardons and Paroles. Similarly, in the five years prior to applying for a pardon, you must have lived a law-abiding life, meaning you haven’t had any other criminal convictions. You cannot have any open legal cases or pending charges.
For a registered sex offender pardon, you must be 10 years off paper. This means it’s been five years since you have been incarcerated, on probation, or on parole. In order to get a general pardon, you must be five years off paper. Records that have been restricted and sealed, however, will still be accessible to judges and law enforcement. When this is completed, private background check companies often used by landlords and employers will no longer be able to retrieve a record of the conviction. The second step is getting the record of your conviction restricted and sealed.
Even with the pardon, however, your felony conviction will remain part of the public record.
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The full pardon process can take the board anywhere from six to nine months - depending on their caseload - while they verify the information in your application and confirm your eligibility.Ī pardon is an official order of forgiveness by the state. The first step is getting a pardon, which is granted by the State Board of Pardons and Paroles. In the state of Georgia, getting a record of your felony conviction expunged is a two-step process.
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We spoke to Gordon and GJP pro bono coordinator Erin Donohue-Koehler to help you make sense of the steps and what to expect from the process. Sign up for extra news and info from the team.
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