As an expungement lawyer in Fort Oglethorpe may advise, various exceptions to these general rules on record restriction still exist under this code section. For instance, if individuals were acquitted of criminal charges by a jury due to jury misconduct, record restriction is unavailable. Other situations in which record restriction may not be permissible include:
Individuals plead guilty to an offense that arose from the same underlying incident as the charges that were dismissed
The judge did not permit the prosecutor to introduce material evidence against the individuals at trial
The arrest at issue led to criminal charges in another state or country
Individuals had immunity from prosecution, such as in exchange for witness testimony against others
Due to a large number of exceptions to the laws on record restriction and the facts of each situation, getting legal advice to determine eligibility may be highly beneficial.