Can My Criminal Record Be Expunged in Georgia? A Complete Guide to Record Restriction

A criminal record can follow you for the rest of your life, affecting your ability to find work, secure housing, obtain professional licenses, and — for non-citizens — your immigration status. Many Georgians do not realize that Georgia law provides a pathway to limit who can see their criminal history through a process called record restriction, often referred to as expungement. Understanding whether you qualify, and how to navigate the process, can open doors that a criminal record has closed.

At J. Lee & Associates Law Group in Norcross, Georgia, our criminal defense attorneys help clients pursue record restriction and understand the full scope of their options under Georgia law.

What Is Record Restriction in Georgia?

Georgia uses the term "record restriction" rather than expungement. Under O.C.G.A. § 35-3-37, record restriction limits access to certain criminal history information. A restricted record is not destroyed — it still exists — but it is removed from the public criminal history database maintained by the Georgia Bureau of Investigation (GBI), meaning most employers, landlords, and members of the public will not be able to see it on a standard background check.

Law enforcement agencies, courts, and certain governmental bodies may still access restricted records, which is why record restriction is not the same as a complete erasure. However, for most practical purposes — including employment applications and housing applications — a restricted record functions similarly to an expunged record.

Who Is Eligible for Record Restriction in Georgia?

Eligibility for record restriction in Georgia depends heavily on the outcome of your case and the nature of the charge. Georgia's record restriction law was significantly expanded by the Second Chance Act (HB 1176), which took effect in 2013, and subsequent amendments. Here is what you need to know:

Arrests That Did Not Result in Conviction

If you were arrested but not convicted, you may qualify for record restriction. Specifically, you are generally eligible if:

• The charges against you were dismissed or "nolle prossed" (dropped by the prosecutor);
• You were acquitted (found not guilty) at trial;
• You completed a pretrial diversion program and the charges were dismissed as a result;
• The case was never formally prosecuted (no charges were filed).

Under O.C.G.A. § 35-3-37(h)(1), Georgia law requires the arresting agency and GBI to restrict the record upon the qualifying event (such as a dismissal) without requiring you to file a separate petition, though you should verify that the restriction has actually been applied.

First-Offense Misdemeanor Convictions

As of July 1, 2020, Georgia law expanded eligibility for record restriction to include certain first-offense misdemeanor convictions under O.C.G.A. § 35-3-37(j). To be eligible, you must:

• Have been convicted of a qualifying misdemeanor;
• Have completed your sentence in full, including all probation, fines, and restitution;
• Have no prior felony convictions;
• Have no additional criminal charges pending;
• Have waited at least four years since completing your sentence.

Certain misdemeanors are explicitly excluded from eligibility, including domestic violence offenses, most traffic offenses (including DUI), sex offenses requiring registration, and stalking.

Conditional Discharge for First-Time Drug Offenders

Under O.C.G.A. § 16-13-2, first-time offenders charged with simple possession of a controlled substance may be eligible for a conditional discharge. If granted, the case is deferred and upon successful completion of probation, the charge is discharged and the record may be restricted. This is a valuable tool for first-time drug offenders and your attorney should explore it early in the process.

Pardoned Convictions

If you have received a pardon from the State Board of Pardons and Paroles, you may be eligible to petition for record restriction of the pardoned conviction, depending on the nature of the offense.

What Offenses CANNOT Be Restricted in Georgia?

Not all convictions are eligible for record restriction. Georgia law specifically excludes the following:

• Felony convictions (with very limited exceptions such as pardoned offenses);
• DUI convictions under O.C.G.A. § 40-6-391;
• Sex offenses that require registration on the Georgia Sex Offender Registry;
• Domestic violence offenses;
• Offenses involving violence against a child;
• Driving under the influence;
• Most serious traffic offenses.

If your conviction falls into one of these categories, record restriction is likely unavailable, and you should speak with an attorney about alternative options such as a pardon or clemency.

The Record Restriction Process in Georgia

Step 1: Determine Eligibility

An attorney reviews your full criminal history, the outcome of each case, the nature of the charges, and applicable waiting periods to determine which records — if any — are eligible for restriction.

Step 2: Obtain Your Criminal History

You will need to obtain your official Georgia criminal history record from the GBI. Your attorney can assist with this process and help you identify any discrepancies in your official record.

Step 3: File a Petition (If Required)

For non-conviction records (dismissed cases, acquittals), the restriction should occur automatically. However, if it has not, your attorney may need to contact the arresting agency or file documentation to ensure compliance with O.C.G.A. § 35-3-37.

For misdemeanor conviction restrictions available under the 2020 expansion, a formal petition must be filed with the clerk of court in the county where you were convicted. The petition must include documentation showing completion of your sentence, no additional charges, and compliance with waiting periods.

Step 4: Serve Relevant Parties

The petition for record restriction must be served on the prosecuting attorney's office, which has an opportunity to object to the restriction.

Step 5: Attend a Hearing (If Necessary)

If the prosecutor objects, a hearing will be scheduled before the court. The judge will weigh the equities of the situation — including your rehabilitation, the nature of the offense, and the public interest — in deciding whether to grant the restriction.

Step 6: Verification

After an order of restriction is entered, verify that the restriction has actually been applied by running a background check through the GBI or a third-party service. Some background check companies maintain their own databases that may not update immediately.

How Record Restriction Affects Immigration Status

For non-citizens, record restriction can be critically important — but it does not eliminate immigration consequences of a prior arrest or conviction. Under federal immigration law, immigration authorities have access to law enforcement databases that may include restricted records. Specifically:

• USCIS and ICE can access restricted criminal records in Georgia when adjudicating immigration applications;
• A record restriction does not undo an immigration-related bar caused by a prior conviction;
• However, in some circumstances, a state court order restricting or vacating a conviction may affect the immigration analysis — particularly if the conviction is vacated on constitutional grounds rather than as a matter of judicial leniency.

If you are a non-citizen seeking record restriction and have immigration proceedings or applications pending, it is essential that both your criminal defense attorney and your immigration attorney coordinate on strategy. At J. Lee & Associates, we handle both areas and can advise on the interplay.

Frequently Asked Questions: Record Restriction in Georgia

Does record restriction clear my record completely?

No. Record restriction limits who can see your record — it removes the record from the public criminal history maintained by the GBI. Law enforcement, courts, and some government agencies can still access restricted records.

Can I say I was never arrested after record restriction?

Generally, once your record has been restricted, you may lawfully state on most job applications and other forms that you have not been arrested or convicted of the restricted offense. However, there are exceptions for certain government positions and professional license applications. Always confirm the specific disclosure requirements before answering.

How long does the record restriction process take in Georgia?

The process can take anywhere from a few weeks to several months, depending on whether a hearing is required, the responsiveness of the relevant agencies, and the county where the case occurred.

Do I need an attorney to get my record restricted?

While you can technically file for record restriction on your own, the process involves legal determinations about eligibility, proper filing in the correct court, serving the right parties, and potentially arguing at a hearing. An attorney significantly increases your chances of success and can identify opportunities you might miss on your own.

Take Control of Your Future — Contact JLA Law Group

A criminal record does not have to define your future. If you have an arrest or conviction on your record, our attorneys at J. Lee & Associates Law Group can evaluate your eligibility for record restriction and guide you through every step of the process.

Call us at (770) 609-9396 for a confidential consultation. Our office is located at 1250 Tech Dr Suite 240, Norcross, GA 30093. We serve clients throughout Gwinnett County, DeKalb County, Fulton County, and the greater Atlanta metropolitan area. We speak English and Spanish. Call today and let us help you move forward.