Justice. For. All
Every voice matters. We want to do all we can to make sure that your voice is heard. Call the Law Office of Sarah Payne today to learn more on how we can assist in getting some of your fundamental rights restored.
Can I vote if I am still on probation or parole in Georgia?
In Georgia, individuals convicted of a felony are not permitted to vote while incarcerated, on parole, or on probation. Upon completion of sentence, voting rights should be automatically restored upon completion of all supervised release.
How do I find out if I am eligible to vote in Georgia?
If you have successfully completed your sentence, your voting rights should be restored. At the Law Office of Sarah Payne, we provide complimentary assistance in registering to vote. Contact us today if you would like more assistance and information.
RESTORATION OF CIVIL RIGHTS
What does that mean?
A Restoration of Civil and Political Rights is an order restoring the rights which are lost in Georgia upon conviction. These include:
the right to run for and hold public office
to sit on a jury
to serve as a Notary Public.
Restoration of Civil and Political Rights does not automatically include the right to possess, own or carry a firearm; it must be specifically granted by the Board of Pardons and Parole.
When can I apply to have my civil rights restored?
You must have completed all sentence(s) at least two (2) years prior to applying and lived a "law-abiding" life since the termination of your sentence(s).
(formerly called expungement)
What is the difference between expungement and record restriction?
Georgia’s new law, effective July 1, 2013, does not use the word “expungement.” Instead, the process is now referred to as “record restriction. They mean the same thing.
What does it mean to get my record restricted?
Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes.
When can i get my record restricted?
Georgia law generally allows for a record to be restricted in the following three ways:
I. You were not convicted
You were arrested but not convicted. Examples of this include charges that are:
closed by the arresting agency
nolle prosequi/nolle prossed
placed on the “dead docket,”
and those not presented to the grand jury
twice nobilled by the grand jury
Verdicts of not guilty and
vacated/reversed convictions are also eligible for restriction
II. Youthful Offender
You qualify under certain youthful offender provisions of Georgia Law. Certain misdemeanor convictions that occurred before you turned twenty-one years old qualify for restriction. You must have successfully completed your sentence, and in the five years before you request restriction, you cannot have been charged with any offense, other than minor traffic offenses.
Note: Georgia law lists a large number of offenses which do not qualify. Contact us today for more information on whether you qualify under the youthful offender exception.
III. Charged with a Felony and convicted of unrelated Misdemeanor
You may be able to have a felony charge restricted if it was closed without conviction, and you were only convicted of an unrelated misdemeanor offense in that case.
RIGHT TO CARRY A FIREARM
If you would like to have your firearm rights restored, you must fill out an application and meet the applicable requirements. A personal interview will be required for firearm restorations. This process is handled through the Georgia Board of Pardons and Paroles. The Law Office of Sarah Payne can assist you in this process as well. Contact us today for more information.