I get hundreds of calls each year asking how a driver gets a DUI conviction expunged. In Georgia, an expungement is reserved for those who are arrested for a crime but never prosecuted for some reason.
- If a formal charge is filed against you (an indictment or accusation), you cannot legally have that arrest expunged from your criminal record.
- If you are originally charged formally with DUI and your attorney convinces the prosecutor to dismiss the DUI by entering a plea to Reckless Driving or some other violation, you cannot legally have the DUI arrest expunged from your record.
- If you have been arrested and later acquitted by a judge or jury for that offense, you may have the arrest removed or pardoned by application to the Board of Pardons and Paroles.
There is no way to legally remove a DUI charge from your criminal record. Your record will be supplemented with the information of what happened in court: dismissed, acquitted, convicted, pled guilty.