How to Have a DUI Expunged in Georgia

In Georgia, you may expunge a DUI arrest, but not a conviction.

Georgia law allows expungement of an arrest record if there was no conviction. If you are convicted of a crime in Georgia, such as driving under the influence, the record cannot be expunged. Your DUI arrest record could qualify for expungement if the charge was dismissed or otherwise not prosecuted. However, expungement is always optional at the discretion of the prosecuting attorney. Even if you meet the requirements for having a DUI arrest record expunged, your request can still be denied.

Things You'll Need

• Arrest information
• Arresting agency information
• Prosecuting attorney information
• Request To Expunge Arrest Record Form
• Filing fees

Instructions

1. Obtain a Request To Expunge Arrest Record form. This is a three-page form that can be downloaded from the website of the Georgia Bureau of Investigation at http://gbi.georgia.gov. You may also contact your local law enforcement agency or local district attorney's office to obtain the form. Download or request any written instructions for use with the form.

2. Complete page 1 of the form with your identifying information, including the date of your arrest for DUI. Sign and date the form where indicated at the bottom of the first page.

3. Take the form to the arresting agency--sheriff or police--and request that pages 2 and 3 of the form be completed. The agency is required to collect a $25 filing fee payable to the Georgia Bureau of Investigation. The agency is also permitted to charge a fee to complete the form. Once the arresting agency completes page 2 of the form, the agency will forward the form to the responsible prosecuting attorney for completing page 3. If the prosecuting attorney denies your request, the form will be returned to you. If the request is approved or no objection is made, the form will be sent to the Georgia Bureau of Investigation for expungement of your arrest record from the Georgia Crime Information Center.

Tips & Warnings

• Even if the prosecuting attorney denies your request, the Georgia Bureau of Investigation is entitled to retain the $25 filing fee.

• If you have other charges pending against you or you were convicted of DUI within the last five years, you are not entitled to expungement of a DUI arrest record that was dismissed or not prosecuted.

• Be aware that expungement only affects your arrest record, not your driving record with the Georgia Department of Driving Services. If your arrest is part of the DDS records, it can still be located during a search of your driving record.

References

• Georgia Bureau of Investigation: Instructions and Request to Expunge Arrest Record Form

Resources

• GeorgiaDUILaws.org: Expungement