Expungement And Record Restriction In Georgia – Can You Clear Your Record?
As criminal defense attorneys, we know how much harm a criminal record can cause in Georgia. A single arrest or conviction can affect your ability to find work, apply for housing, pursue higher education, or even volunteer at your child’s school. Many people believe that once they have been arrested, their record will follow them forever. Thankfully, Georgia law gives some people the chance to restrict or expunge their record. Understanding how record restriction works, who qualifies, and how to apply is critical if you want to move forward with a clean slate.
Georgia law does not use the word “expungement” in the traditional sense. Instead, it relies on the process of record restriction, which hides certain criminal records from public view. While law enforcement and the courts may still access these records, the general public, employers, and most background check companies cannot. This process is governed by O.C.G.A. § 35-3-37, which sets out the rules for when a record can be restricted, how to apply, and what records cannot be sealed.
What Is Record Restriction In Georgia?
Record restriction means limiting who can see your criminal record. In Georgia, your record is not erased or destroyed. Instead, it is restricted from public access. Employers, landlords, and the public will no longer be able to see the restricted entry when they perform a background check. Law enforcement, prosecutors, and certain agencies will still have access.
Under O.C.G.A. § 35-3-37(h), restricted records cannot be released to private parties. This makes it easier to move forward in life without the weight of a public arrest record holding you back. For many clients, this is the difference between being denied opportunities and finally being able to move forward.
Who Qualifies For Record Restriction?
Not everyone qualifies for record restriction in Georgia. The law outlines specific situations where restrictions may apply.
- Non-Conviction Records – If you were arrested but not convicted, your record may qualify for restriction. This includes cases dismissed, cases placed on the dead docket, or cases where a not guilty verdict was entered.
- Certain Misdemeanors – Georgia allows restrictions for many misdemeanor convictions after a waiting period. Under O.C.G.A. § 35-3-37(j)(4), people with up to two misdemeanor convictions may be eligible for restriction four years after completing their sentence. However, serious offenses such as DUI, sex crimes, and family violence battery cannot be restricted.
- Youthful Offenders – Under O.C.G.A. § 42-8-62.1, certain first-time offenders may be able to seal their record if they successfully complete probation without violations.
- Pardons – A pardon granted by the State Board of Pardons and Paroles may also allow restriction of a conviction.
What Records Cannot Be Restricted?
Georgia law excludes certain crimes from record restriction. These include:
- Driving under the influence (DUI)
- Sex crimes
- Family violence battery (O.C.G.A. § 16-5-23.1(f))
- Serious violent felonies under O.C.G.A. § 17-10-6.1
If you have been convicted of one of these offenses, restriction is not an option. However, it is always worth having an attorney review your record because exceptions and unique situations sometimes apply.
How To Apply For Record Restriction In Georgia
Applying for record restriction depends on the type of case and when it occurred.
- For Arrests After July 1, 2013 – The process is automatic for cases that qualify. The prosecuting attorney reviews the case and submits the restriction to the Georgia Bureau of Investigation (GBI).
- For Arrests Before July 1, 2013 – You must file an application with the arresting agency and pay a fee to the GBI. The prosecuting attorney will review the application to determine eligibility.
- For Misdemeanor Convictions – You must wait the required period of time and then file a request with the court or district attorney’s office. Documentation showing completion of your sentence and good behavior is often required.
Why Record Restriction Matters
Having a criminal record can close doors. Employers often deny jobs to applicants with arrests, even if they never resulted in a conviction. Apartment complexes may deny housing. Colleges may reject applicants, and professional licenses may be harder to obtain. Restriction allows you to live without constant worry about a mistake from your past showing up on every background check.
We tell clients all the time – restriction does not erase your record, but it gives you the second chance you deserve.
Frequently Asked Questions About Georgia Record Restriction
Is Expungement The Same As Record Restriction In Georgia?
No. Georgia eliminated the term “expungement” in 2013. The law now uses “record restriction” under O.C.G.A. § 35-3-37. Restriction does not erase your record but makes it invisible to the public. Law enforcement and certain agencies can still view it.
Can I Restrict A Felony Conviction In Georgia?
Felony convictions are harder to restrict. Most felonies cannot be restricted unless you receive a pardon or your case is dismissed without a conviction. Certain first-time offenders who complete probation under O.C.G.A. § 42-8-62.1 may also qualify.
How Long Do I Have To Wait To Restrict A Misdemeanor In Georgia?
If you qualify, you must wait four years after completing your sentence before applying for restriction under O.C.G.A. § 35-3-37(j)(4). During that time, you must avoid additional convictions. More serious misdemeanors, such as DUI, are never eligible.
Can Arrests That Did Not Lead To Conviction Be Restricted?
Yes. Arrests that did not result in a conviction can usually be restricted. This includes cases dismissed by the prosecutor, cases where charges were dropped, or cases with a not guilty verdict. Under O.C.G.A. § 35-3-37(h), these records are hidden from public view once restricted.
Does Record Restriction Happen Automatically?
For arrests after July 1, 2013, record restriction is usually automatic if the case qualifies. For arrests before that date, you must apply with the arresting agency. Felony and misdemeanor convictions require petitions and sometimes hearings.
What Is The Difference Between Record Restriction And A Pardon In Georgia?
A pardon is granted by the State Board of Pardons and Paroles and forgives the crime. However, the record still exists. A pardon may allow you to pursue record restriction, but it does not guarantee it. Restriction is separate and must be requested through the proper channels.
Will Record Restriction Help Me Get A Job?
Yes, in many cases. Most employers rely on background checks. Once your record is restricted, those checks will no longer show the restricted arrests or convictions. This gives you a fairer chance at employment. However, some employers, particularly in government or law enforcement, may still see restricted records.
How Much Does It Cost To Apply For Record Restriction?
For arrests before July 1, 2013, there is usually a fee payable to the GBI, and some counties may require additional filing fees. Conviction restriction petitions may also involve court costs. While fees vary, the long-term benefits of restriction often outweigh the initial cost.
Can Restricted Records Be Used Against Me In Court?
Yes. Restricted records are still visible to law enforcement and prosecutors. They can be considered in future criminal proceedings. Restriction only removes the record from public view, not from government records.
Do I Need An Attorney For Record Restriction?
While it is possible to apply without an attorney, the process can be complex. Having an attorney ensures that your petition is complete, timely, and supported by the right evidence. We often identify additional paths for relief that clients are not aware of.
Call The Mazloom Law Firm, LLC Today
If you are considering expungement or record restriction in Georgia, you do not have to face the process alone. At The Mazloom Law Firm, LLC, we help clients understand their rights under Georgia law and pursue every option to clear their records. We know how much is at stake for your future, your job opportunities, and your peace of mind.
To receive a free consultation, call our Marietta criminal defense attorney at The Mazloom Law Firm, LLC, by calling 770-590-9837. From our offices in Marietta and Atlanta, we serve clients throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. Let us help you take the first step toward putting your past behind you and moving forward with your life.
