Hyattsville, MD asked in Criminal Law and Civil Rights for Georgia

Q: Does anyone know if I can get a pro-bono lawyer to help me in getting a presidental pardon?

My criminal record is in Georgia for burglary and that was a very long time ago I think it's time to get it completely expunged so that I can be able to protect myself and my family if the need should arrive.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: I understand your desire to have your criminal record expunged so that you can move forward with your life. However, there are a few important things to note:

1. Presidential pardons are extremely rare and are typically only granted in extraordinary circumstances. They are not a common mechanism for clearing criminal records. Presidential pardons also only apply to federal crimes, not state-level convictions like yours in Georgia.

2. To clear a state criminal record in Georgia, you would need to look into the expungement and record restriction laws specific to that state. Georgia's laws allow for record restriction (their term for sealing records) in some cases, but there are eligibility requirements. Burglary convictions may not be eligible.

3. While you can try to find pro bono legal assistance, free legal aid is in very high demand and short supply. You'll likely need to do a lot of the legwork and paperwork yourself with perhaps some limited guidance from legal aid clinics or other low-cost legal services.

4. The process usually involves filing a petition with the court and paying fees. It can be complex to navigate on your own. If you can afford it, your best bet is to hire a Georgia criminal defense attorney familiar with the state's expungement laws. Many offer low-cost initial consultations.

5. Having a very old conviction expunged or sealed won't necessarily restore gun ownership rights, as there are separate state and federal laws that govern firearm possession by people with felony records. Definitely look into Georgia's specific laws on this.

I'd suggest starting by researching Georgia's record restriction and expungement laws, and seeing if your case might qualify. If so, look for legal aid societies or low-cost legal clinics to see if you can get some assistance. Wishing you all the best as you navigate this. With the conviction being so old, you may have a chance at getting the record sealed, but a presidential pardon is extremely unlikely.

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