Expungement and Record Restriction in Georgia: How to Clear Your Criminal Record

Can You Clear Your Criminal Record in Georgia?

A criminal record can follow you for the rest of your life, affecting your ability to find employment, secure housing, obtain professional licenses, and even pursue educational opportunities. Many people in Georgia do not realize that certain criminal records can be restricted or sealed from public view. Georgia law provides mechanisms for record restriction (often called expungement) that can give you a fresh start. Understanding whether you qualify and how the process works is the first step toward putting your past behind you.

It is important to note that Georgia does not use the term "expungement" in its statutes the way some other states do. Instead, Georgia law uses the term "record restriction," which effectively seals certain criminal records from public databases. When a record is restricted, it will not appear on standard background checks conducted by employers, landlords, or other entities. However, the record still exists in law enforcement databases and can be accessed by certain government agencies.

Who Qualifies for Record Restriction in Georgia?

Georgia's record restriction laws are found primarily in O.C.G.A. § 35-3-37. The eligibility requirements depend on the outcome of your criminal case. There are several categories of cases that may qualify for record restriction.

If your case was dismissed, you were acquitted at trial, or the charges were never prosecuted (nolle prosequi), you are generally eligible for record restriction. Under O.C.G.A. § 35-3-37(h), individuals whose cases resulted in a dismissal, acquittal, or nolle prosequi may apply to have their arrest records restricted. This is sometimes referred to as automatic restriction for certain qualifying dispositions, although in practice you may need to take affirmative steps to ensure the restriction is processed.

If you successfully completed a pretrial diversion program or a conditional discharge under Georgia's conditional discharge statute for drug offenses (O.C.G.A. § 16-13-2), you may also be eligible for record restriction. These programs are designed to give first-time offenders a second chance by allowing them to complete certain conditions in exchange for having the charges dismissed.

If you were convicted under Georgia's First Offender Act (O.C.G.A. § 42-8-60), your record may be restricted after you successfully complete your sentence, including any probation. Under the First Offender Act, a conviction is not entered on your record at the time of sentencing. Instead, if you complete all the terms of your sentence without any violations, the charge is discharged without a court adjudication of guilt. As of July 1, 2020, Georgia law provides for automatic record restriction for successfully completed First Offender sentences under certain circumstances.

Misdemeanor Convictions and Record Restriction

Georgia law also allows for the restriction of certain misdemeanor convictions. Under O.C.G.A. § 35-3-37(j), a person convicted of a misdemeanor (other than certain excluded offenses) may apply for record restriction if they meet specific criteria. Generally, you must wait a certain period of time after completing your sentence, have no pending criminal charges, and have no subsequent convictions. The waiting period varies depending on the offense, but for many misdemeanors, you must wait at least four years after completing your sentence before you can apply.

Certain misdemeanors are excluded from record restriction eligibility. These typically include family violence offenses under O.C.G.A. § 19-13-1, sexual offenses, offenses against minors, and DUI convictions. If you are unsure whether your specific misdemeanor conviction is eligible, consulting with a criminal defense attorney who is familiar with Georgia's record restriction laws is strongly recommended.

Felony Convictions: Limited Options

Record restriction for felony convictions in Georgia is more limited. Generally, felony convictions cannot be restricted under current Georgia law unless the conviction was under the First Offender Act or the charges were later reversed on appeal. However, the legal landscape around criminal record relief is evolving. Several legislative proposals have been introduced in recent years to expand eligibility for record restriction to include certain non-violent felony convictions. An experienced criminal defense attorney can advise you on the current state of the law and any new developments that may affect your eligibility.

For individuals who were convicted of a felony and later received a pardon from the State Board of Pardons and Paroles, record restriction may be available. Under O.C.G.A. § 35-3-37(k), a pardon can serve as a basis for record restriction in certain circumstances. The pardon process itself is separate from record restriction and involves applying to the State Board of Pardons and Paroles, demonstrating rehabilitation, and meeting other criteria established by the Board.

The Record Restriction Application Process

The process for obtaining record restriction in Georgia involves several steps. First, you must determine your eligibility based on the type of disposition in your case. If you had charges dismissed, were acquitted, or completed a First Offender sentence, your path to restriction may be relatively straightforward. For misdemeanor convictions, you will need to confirm that the applicable waiting period has passed and that you meet all other eligibility requirements.

Next, you will need to obtain certified copies of the relevant court documents, including the disposition of your case. You will then file an application for record restriction with the arresting agency or the prosecuting attorney's office, depending on the type of restriction you are seeking. For some types of record restriction, such as cases that were dismissed or resulted in acquittal, the restriction may be processed administratively. For others, you may need to file a petition with the court.

Under O.C.G.A. § 35-3-37(l), the prosecuting attorney has the right to object to a record restriction petition. If an objection is filed, the court will hold a hearing to determine whether restriction is appropriate. At this hearing, the court will consider factors such as the nature of the offense, the impact on the applicant, and the interests of public safety. Having an attorney represent you at this hearing can significantly improve your chances of a favorable outcome.

The Impact of Record Restriction on Your Life

Once your record is restricted, the practical benefits can be significant. Most standard background checks will not reveal the restricted arrest or conviction. This means that potential employers who run background checks through the Georgia Crime Information Center (GCIC) will not see the restricted record. You may also legally answer "no" when asked on most job applications whether you have been arrested or convicted of a crime, as long as the question pertains to records that have been restricted.

However, there are important limitations to be aware of. Restricted records can still be accessed by law enforcement agencies, prosecutors, and certain licensing boards. If you apply for a position in law enforcement, work with vulnerable populations such as children or the elderly, or seek certain professional licenses, the restricted record may still be visible during the background check process. Additionally, if you are charged with a new crime, the restricted record can be unsealed and used by prosecutors in the new case.

Recent Changes to Georgia's Record Restriction Laws

Georgia has made several significant changes to its record restriction laws in recent years. Senate Bill 288, which took effect on July 1, 2020, expanded automatic record restriction for certain qualifying dispositions, including cases that were dismissed, resulted in acquittal, or were successfully completed under the First Offender Act. This legislation was designed to reduce the burden on individuals seeking to clear their records by making the restriction process more automatic in many cases.

Despite these improvements, the record restriction process in Georgia can still be complex and confusing. The interaction between different statutes, the specific requirements for each type of disposition, and the possibility of prosecutorial objections all make it important to have knowledgeable legal guidance. An experienced criminal defense attorney can evaluate your specific situation, determine the best path forward, and handle the procedural requirements on your behalf.

Take the First Step Toward a Clean Record

If you have a criminal record in Georgia that is affecting your life, you may have more options than you realize. Whether your case was dismissed, you completed a diversion program, or you have a misdemeanor conviction from years ago, the record restriction process could help you move forward. Do not let a past mistake continue to hold you back from employment, housing, and other opportunities.

Contact J. Lee & Associates at (770) 676-4445 for a free consultation. Our criminal defense team will review your record, explain your options, and guide you through every step of the record restriction process. Our office is located at 1250 Tech Dr, Suite 240, Norcross, GA 30093, and we proudly serve clients throughout Gwinnett County and the greater Atlanta area.