Georgia DUI Hypocrisy: A Not Guilty Stays on Your Criminal Record
Sometimes laws don’t make any sense. For example in Georgia, if you are charged for a DUI and you take the matter to trial and are found “not guilty”, the DUI arrest and the outcome of the charge remains on your criminal record- it does not get wiped away. How can this happen you ask?
Under the expungement laws for DUI, the following categories are eligible:
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Case dismissed
- Nolle prossed/Prosequi (declaration that the prosecutor plans to drop part or all of a criminal case)
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Case not presented to the Grand Jury
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No further action anticipated
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No record on file
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Dead docket (case has been on the docket too long and must be either refiled or dismissed entirely)
Therefore, the following dispositions are not eligible for expungement:
- guilty
- not guilty
- nolo contendre (no contest)
- First Offender Act.
What that means is if you took your DUI case to trial and won, it will still show up on a criminal background check. This can cause needlessly hardship and humiliation because of the political and social stigmas attached to DUI.
If you have a past DUI case you wish to discuss, please call 1-855-9-ATL-DUI.
Atlanta DUI Attorney and Criminal Defense Lawyer Douglas B. Chanco is an experienced and dedicated trial lawyer offering personalized legal services in Atlanta, Sandy Springs, Roswell, Marietta as well as Fulton, Gwinnett, Dekalb Counties. A former Fulton County Prosecutor, Attorney Chanco possess exceptional trial skills and is ready to fight your DUI and criminal case.
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