Frequently Asked Questions
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Frequently Asked Questions
Who do I give my expungements papers to?
O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney.
For arrests after July 1, 2013, there is no application process. You must contact the prosecutor to have your record restricted.
For arrests prior to July 1, 2013, you are required to apply for restriction at the arresting agency.
Misdemeanor Record Restriction:
Record Restrictions Information - Gwinnett | Gwinnett County
How do I fill out the Record Restriction Form online?
Record Restrictions forms cannot be completed online. Please see above for instructions on Record Restriction.
What are some programs for defendants who have addictions?
The Gwinnett County Solicitor’s office provides DUI Court and Veterans Intervention Program for misdemeanor offenses that may arise out of substance abuse disorders. Alternatively, if you know someone suffering from substance abuse, please click this link for services that may be of some assistance
https://www.gwinnettcounty.com/departments/solicitor/support-services
What are some safety programs for victims?
If you are a victim of domestic and/or sexual violence, please click this link for services that may be of some assistance: https://www.gwinnettcounty.com/departments/solicitor/support-services
Why is my case taking longer than usual to receive a court date?
Court dates are scheduled by the Clerk of Court. To inquire about when your case will be scheduled, please contact 770.822.8100.
Why can’t I drop the case as a victim/defendant?
Misdemeanor cases are prosecuted by an Assistant Solicitor General on behalf of the State of Georgia. Only a prosecutor has the discretion to accuse or dismiss a case.
Where can I get bond money back?
If you posted a cash bond, then it will be returned to you or the surety after your case is closed. If you hired a bonding company to post your bond, then you probably will not receive a refund. To receive your cash bond, please visit the Clerk of Court.
What is a municipal court?
Municipal courts are city-level courts that have jurisdiction over traffic cases arising within the city limits, cases involving municipal ordinances, and certain specified misdemeanor offenses. For a list of Gwinnett County Municipal Courts, visit GwinnettCourts.com/About/Municipal-Court-Directory.
Where can I get a copy of my closed case?
Court records are maintained by the State Clerk of Courts.
How long would it take until I have a court date?
Misdemeanors must be accused within two years of the incident date. You should receive a court date in the mail, sometime after the case is accused.
Does State Court give notices for people with a leave from their job to give to their employer?
Defendants, victims, and witnesses can ask the judicial assistant in court for a work excuse.