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Marietta Criminal Defense Lawyer / Blog / DUI Defense / Your Marietta DUI Questions Answered: I Am Facing DUI Charges in Marietta – If I am Convicted, Will it Stay on My Record?

Your Marietta DUI Questions Answered: I Am Facing DUI Charges in Marietta – If I am Convicted, Will it Stay on My Record?

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For many individuals who have been charged with Driving Under the Influence (DUI) offenses in Marietta, one of the most pressing questions about being convicted is whether a conviction will stay on a person’s permanent record, and, of course, for how long. The truth of the matter is that in Marietta, the answer depends on several factors, including the outcome of the individual’s case, whether they are actually convicted, and Georgia’s specific laws regarding expungement and criminal records. To help individuals in Marietta who are facing DUI charges better understand Georgia DUI laws, we discuss whether a DUI charge can be expunged from a DUI offender’s record in Marietta, or if it is permanent.

DUI Convictions and Georgia Laws Regarding Record Expungement and Restriction

The reality is that under Georgia laws, a Driving Under the Influence conviction will most likely remain on a DUI offender’s criminal record permanently. This is because the State of Georgia does not allow DUI convictions to be expunged, restricted, or sealed from criminal records, even if it is a DUI offender’s first DUI offense. This is governed by O.C.G.A. § 35-3-37, which outlines the State of Georgia’s rules on criminal record restriction. According to the statute, record restriction is only available in limited circumstances, and convictions for serious traffic offenses—including DUI—are specifically excluded. To wit, the statute establishes that “Record restriction under this subsection shall not be appropriate if the individual was convicted of…Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40,” which includes DUI offenses.

In sum, if you are convicted of DUI in Marietta, the conviction will most likely stay on your record permanently under Georgia law. This is why it is critical to take Driving Under the Influence charges seriously and consider working with an experienced Marietta DUI defense lawyer to evaluate your options and craft the best defense strategy possible for your case. Challenging the prosecutor’s evidence, negotiating a lesser charge, or pursuing an acquittal at trial may be the only ways to avoid a lasting mark on your record. An experienced Marietta DUI defense lawyer can review these options with you, represent you in court and in negotiations with the prosecution, and can fight for you in all aspects of the process.

Finding a Driving Under the Influence Defense Lawyer in Marietta

If you are in the Marietta area and you need legal help fighting the DUI charges against you, contact an experienced Marietta DUI defense lawyer today. The experienced Marietta DUI defense lawyers at Arca Law are here to help Marietta DUI defendants get justice in the cases against them. They can help by listening to your side of the story  to see if they can fight for you to get justice in your case. Do not hesitate to speak with a lawyer about your DUI case today. Contact Arca Law and speak with a lawyer about your rights and options now.

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