If an old arrest or criminal charge is appearing on your background check, it can create problems long after your case has ended. A dismissed charge, acquittal, or successfully completed diversion program may still raise questions for employers, landlords, licensing boards, and other organizations.
If you are searching for a Marietta record expungement attorney, it is important to know that Georgia generally uses the term record restriction rather than traditional expungement. At Waid Law Firm, LLC, we help individuals in Marietta, Cobb County, and throughout the greater Atlanta area determine whether their criminal records may qualify for restriction and pursue the appropriate legal process.
Experience You Can Trust
Defense You Can Rely On
Experienced Counsel. Personal Attention. Powerful Defense.
Attorney Addison Waid, a former prosecutor, understands Georgia’s criminal justice system and provides personalized representation designed to help eligible clients move forward.
Waid Law Firm, LLC is conveniently located at 399 Washington Ave NE, Marietta, GA 30060, near the heart of downtown Marietta and the historic Marietta Square area. The office is easily accessible from Washington Avenue, Roswell Street, North Marietta Parkway, Cobb Parkway (U.S. 41), Church Street, Lawrence Street, Whitlock Avenue, and Atlanta Street. The firm serves clients throughout downtown Marietta, East Marietta, West Marietta, Cobb County, and surrounding communities, as well as clients traveling from nearby areas throughout the greater Atlanta metropolitan region. With convenient access to major routes including I-75, Waid Law Firm provides accessible criminal defense representation for individuals facing record expungement charges in Marietta and throughout Cobb County.
Call Waid Law Firm, LLC at 470-458-9866 to speak with a record expungement lawyer in Marietta about your case.
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“Attorney Addison Waid is truly exceptional. After calling lawyers for years and never getting the help or clarity I needed, Addison stepped in and resolved things faster than I ever expected. His knowledge in law is remarkable, but what really sets him apart is how professional, steady, and genuinely supportive he is throughout the entire process. From the first conversation, he took the time to understand the situation, explain my options clearly, and move things forward without delay. His communication is consistent, his guidance is solid, and he treats your case with the seriousness and respect it deserves. Addison Waid doesn’t just represent you he actually shows up for you.”
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What Is Record Restriction in Georgia?
Georgia does not generally erase a criminal record through a traditional expungement process. Instead, O.C.G.A. § 35-3-37 provides for record restriction, which limits access to qualifying criminal-history information.
A restricted record may no longer appear in many public-facing criminal background checks. This can be especially important when you are applying for employment, housing, professional licensing, education, or other opportunities.
However, restriction does not necessarily destroy every record associated with a case. Law enforcement agencies, courts, and certain authorized entities may retain access. Because eligibility depends on the specific facts and outcome of your case, speaking with a record restriction lawyer in Marietta can help you understand your options.
Who May Qualify for Record Restriction?
You may have options if your criminal case ended without a conviction or was resolved through a qualifying program. Potentially eligible circumstances can include:
- Dismissed charges: Certain charges dismissed by the prosecutor or court may qualify.
- Acquittals: A not-guilty verdict may provide grounds for restriction.
- No indictment: Certain cases that were never indicted may qualify.
- Pretrial diversion: Successfully completing a qualifying diversion program followed by dismissal may create eligibility.
- First Offender treatment: Certain records connected with Georgia’s First Offender Act may qualify after successful completion.
- Conditional discharge: Qualifying drug cases resolved through conditional discharge may present record-restriction options.
- Accountability courts: Certain cases involving drug court, mental health court, veterans court, or similar programs may qualify when statutory requirements are satisfied.
Eligibility is not automatic in every situation. The precise charges, disposition, subsequent criminal history, and other circumstances can affect whether restriction is available.
When May Expungement or Record Restriction Be Unavailable?
A conviction generally creates more significant restrictions on eligibility. Georgia law also excludes certain offenses and circumstances from record restriction.
For example, certain DUI convictions, family-violence offenses, sex offenses, and crimes involving minors may be excluded. Some misdemeanor convictions may qualify under limited circumstances after applicable requirements and waiting periods are satisfied.
A case involving multiple charges can also be complicated. The fact that one charge was dismissed does not necessarily mean every record arising from the same incident can be restricted.
That is why an individual legal review is important before assuming that your record can—or cannot—be restricted.
How a Marietta Record Expungement Lawyer Can Help
At Waid Law Firm, LLC, we can guide you through the process and determine what steps may be necessary.
- Review Your Criminal History We examine your case disposition, charges, arrest information, and relevant criminal-history records.
- Determine Eligibility We assess your circumstances under applicable Georgia record-restriction laws and identify potential issues that could affect eligibility.
- Prepare the Necessary Documents Depending on the circumstances, the process may require an application, agency request, court petition, or additional documentation.
- Handle the Legal Process If court involvement or a hearing becomes necessary, our firm can advocate for your interests and address issues that arise.
- Pursue Completion of the Restriction Once approved, the appropriate agencies can take the steps necessary to restrict qualifying records.
Why Record Restriction Matters
An old arrest should not necessarily continue interfering with your future.
A criminal record can affect opportunities involving:
- Employment and background checks
- Rental and housing applications
- Professional licenses
- Educational opportunities
- Volunteer positions
- Other background-screening processes
For eligible individuals, record restriction may reduce the public availability of criminal-history information and make it easier to pursue new opportunities without an old case continuing to appear in standard searches.
Why Choose Waid Law Firm, LLC?
Former Prosecutor Experience
Attorney Addison Waid is a former prosecutor who understands criminal cases from both sides of the courtroom.
Personalized Legal Guidance
Every criminal record has its own history. We evaluate your specific circumstances rather than relying on a one-size-fits-all approach.
Local Marietta Representation
Our office is located directly in Marietta, allowing us to serve clients throughout Cobb County and nearby communities.
Judgment-Free Representation
You should not have to feel defined by an old arrest or criminal charge. We provide straightforward legal guidance focused on your options and future.
Cases Eligible for Record Restriction
What Is Record Restriction?
Georgia Code 35-3-37 defines “record restriction” as limiting access to a person’s criminal history so it cannot be shared with private parties or most government agencies.
In Georgia, criminal records are not physically destroyed; instead, they are restricted, meaning they are sealed from public view. Law enforcement agencies, certain educational institutions, and the courts may still access them; however, many private employers, landlords, and agencies are unable to do so.
Speak To A Record Expungement Attorney in Marietta
If an old arrest is showing up on background checks, do not assume you have to live with it forever.
The first step is finding out whether your record qualifies for restriction and what Georgia law allows in your particular situation.
Call Waid Law Firm, LLC at 470-458-9866 today to discuss your case and learn what options may be available. Our office is located at 399 Washington Ave NE, Marietta, GA 30060, serving Marietta, Cobb County, Kennesaw, Smyrna, East Cobb, Vinings, Powder Springs, Roswell, and surrounding metro Atlanta communities.
Contact us today to discuss your potential record restriction case.