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Athens News Matters: Have a Criminal Record? ACC Hosts Arrest Record Restriction Event

http://publicdefender.cuyahogacounty.us/en-US/Expungement.aspx

Having a criminal charge on your record can be a hurdle to finding a job, borrowing money, and even finding a place to live. Some people who have a criminal charge in their past can get past that hurdle by having their record restricted (formerly known as expungement).

An Athens-Clarke County Arrest Record Restriction Event will take place virtually on Saturday, November 20 to assist individuals who were arrested in Athens-Clarke County with restricting eligible offenses from their criminal history.

WUGA's Alexia Ridley talks with Chief Assistant Solicitor Will Fleenor about who will be eligible to get their record restrictied and the what the next steps are. 

This transcript was edited for clarity

ALEXIA RIDLEY:

What can you tell me about your upcoming event in November?

WILL FLEENOR:

Yeah, so this I think will be our 7th or 8th record restriction event.

Because of the pandemic, our last one was entirely online and we are still operating under those same protocols, so we are still having an online event.

People can register online or in person - we do have some paper forms that people can use, and those are distributed around town. We also have those here in the office.

This event, like past events, is designed to help people get things that are on their criminal history restricted that are eligible for restriction, and also to help them get free legal advice - we have attorneys there at the event to review their history with them and help counsel them about other opportunities for restrictions that may occur in other jurisdictions and opportunities for restrictions here beyond just the standard record restriction.

RIDLEY:

Right and tell me, what does it mean to have your record restricted versus [having] your record expunged?

FLEENOR:

Right, so we've stopped using the term “expungement” because it gave people the impression that their criminal history would be wiped clean. The term “record restriction” is what we use now, because it more accurately describes what happens when someone's record is restricted.

First of all, the record we're talking about is the criminal history record maintained by the GBI [Georgia Bureau of Investigation] and when it's restricted, what that means is that people can't see it.

So potential employers can't see it, people who are reviewing someone's application for housing or a scholarship can't see it, but it is still viewable by the individual.

You can always see everything on your own criminal history and it's also viewable by law enforcement agencies. So, it's never gone completely, but it is restricted for almost all intents and purposes, and it's very difficult to find.

RIDLEY:

And tell me what sort of things can be restricted?

FLEENOR:

Right, so the standard record restriction requests that we get here in our office [pertains] to cases where the charges were dismissed. Any case that was dismissed after 2014 - there was a change in law in the middle of 2014 - should automatically be restricted.

Most of the requests we get now for restriction are for cases that predate that change in the law where someone had a case that was dismissed years before that, and they would like it restricted. So those people are eligible for restriction, but a lot of people don't realize that they have to petition for that.

RIDLEY:

Finally, what about those individuals who would like to attend but maybe they hear about this too late? They missed the deadline, or it you know [the event] fills up. what can they do to try to start the process or find out more on their own?

FLEENOR:

So our deadline for the online applications is the end of this week, but really, we'll keep taking applications well after that.

Obviously, if we get an application after the event itself, there's still a lot that we can do. Obviously, you can't participate in the [event], but I get several calls every week, usually a few calls a day about record restriction and we do everything we can to assist somebody with that.

Obviously I can't give legal advice so you don't get the benefit that you get if you attend the online event because you have an attorney who's there to represent you and can give you legal advice, but we provide people with forms to file. We do everything that we are legally allowed to do to help people get the record restrictions that they're entitled to.

RIDLEY:

Thank you for taking the time out with me this afternoon.

FLEENOR:

More than happy to do it. Thanks for helping us to spread the word about it.

RIDLEY:

Absolutely. The ACC arrest record restriction event takes place virtually Saturday, November 20th from 10:00 AM to 1:00 PM. For more information visit accgov.com.

Alexia Ridley joined WUGA as Television and Radio News Anchor and Reporter in 2013. When WUGA TV concluded operations, she became the primary Reporter for WUGA Radio. Alexia came to Athens from Macon where she served as the News Director and show host for WGXA TV. She's a career journalist and Savannah native hailing from the University of Michigan. However, Alexia considers herself an honorary UGA DAWG!
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