|
Expungement Requests
The Records Section accepts and collects the initial fee and application for the processing of expungement requests.
Under O.C.G.A. §35-3-37(d) “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 accept your request, it must meet the criteria expressed in the above state statute.
The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File.
Dispositions of Guilty, Not Guilty, Nolo Contendre, and First Offender Act are not eligible.
This process normally takes up to 60-90 days to complete. Please contact the Records Section at the Jail Division for status updates at 770-716-4720.
Fees:
Total fee amount if application is approved = $50.00 (authorized under O.C.G.A. §35-3-37(d)(1)(B))
$25.00 per application (non-refundable) * Only exact cash, business checks, certified checks, money orders made payable to the Fayette County Sheriff’s Office will be accepted. No personal checks.
If approved by the prosecutor, the application will have to be picked up at the Jail Division’s Records Section by the applicant and forwarded to G.C.I.C. (Georgia Crime Information Center) along with a $25.00 (non-refundable) fee made payable to G.C.I.C.
|