Post-conviction Relief and Expungements
At Ghanayem and Rayasam, our representation does not end when your case ends. We will often guide our clients on important issues which arise after the conclusion of their criminal case. These issues may include challenging their conviction, withdrawing a guilty plea, expunging or restricting access to their criminal history, and representation with regard to parole and probation matters.
Expungement and Record Restriction
Under Georgia law, an individual can expunge or restrict access to their criminal history under certain limited circumstances. The Georgia Criminal Information Center (GCIC) maintains a criminal history database of every arrest which occurs in Georgia. Employers will often check this database when screening prospective employees. Even if your criminal charges were fully dismissed or a jury did not find you guilty, your arrest will be disclosed to a potential employer.
Ghanayem and Rayasam can help you to restrict access to your arrest record in the GCIC database for some of the following situations:
- If your charges were dismissed or you were found not guilty at trial
- If you pled guilty under the First Offender Act
- If you were found guilty of a certain minor crimes under the age of 21
- If your charges were placed on the Dead Docket
Recently, the Georgia Legislature changed the law on Expungements and Record Restriction. You may be eligible for a record restriction, even if GCIC previously denied your Expungement request.
Habeas Corpus / Motions to Withdraw a Guilty Plea
We at Ghanayem and Rayasam have also represented individuals who have pled guilty to a crime, but later wished to withdraw or vacate their guilty plea. In Georgia, it is possible to file a motion to withdraw a guilty plea if the motion is brought within a certain limited time period after the plea was entered. A defendant can also bring a Habeas Corpus Petition to vacate a finding of guilt in those situations where they feel that the Court violated their constitutional rights.
Parole and Probation Representation
Once an individual has been placed on Probation or Parole, they will be required to follow certain strict conditions, such as a requirement to report to a probation officer, performance of community service, payments of fines and fees, court ordered counseling, treatment, and a waiver of their Fourth Amendment right to privacy. A violation of any of these conditions can result in the revocation of an entire probated sentence. Probation Violation hearings can result in many different outcomes, from being placed back on Probation to receiving a prison sentence for the balance of your Probation. Ghanayem and Rayasam have handled many different types of Probation and Parole matters. If we cannot negotiate a favorable outcome with the supervising officer or the prosecuting attorney, then we will vigorously defend you at a revocation hearing to protect your liberty and your rights.
At Ghanayem & Rayasam, we understand that every case is unique. Our goal is to provide you with the best possible options for resolving your legal matter. Call us today at (404) 561-0202 to receive answers to your questions and to determine the best way to handle your case.