Georgia Record Restriction and Expungement: Clear Your Criminal Past

Understanding Record Restriction in Georgia

A criminal record follows you everywhere. It appears on background checks for employment, housing, education, professional licensing, and more. Even a single arrest that never led to a conviction can create lasting barriers to opportunity. Georgia law recognizes this injustice and provides a mechanism to restrict (commonly called "expunge") certain criminal records from public view.

At J. Lee & Associates, we help clients throughout the greater Atlanta area, Gwinnett County, and surrounding communities navigate the record restriction process. Georgia's record restriction statute, O.C.G.A. § 35-3-37, was significantly expanded in 2020 and 2021, making more people eligible than ever before. If you have been living with the burden of a criminal record, you may have options you did not know existed.

Record Restriction vs. Expungement: What Is the Difference?

Many people search for "expungement" in Georgia, but the correct legal term under current Georgia law is "record restriction." While the concepts are similar, there are important distinctions:

• Expungement (used in some other states) typically means the complete destruction of criminal records, as if the arrest never occurred.
• Record restriction (Georgia's approach) means that the record is sealed from public view and general background checks, but it is not destroyed. Restricted records may still be accessed by law enforcement and certain government agencies for specific purposes.

For practical purposes, record restriction in Georgia achieves the main goal most people seek: removing the arrest or conviction from public background checks so that employers, landlords, and others cannot see it.

Who Qualifies for Record Restriction in Georgia?

Under O.C.G.A. § 35-3-37, the following categories of records may be eligible for restriction:

1. Cases That Did Not Result in Conviction (O.C.G.A. § 35-3-37(h))

If you were arrested but your case was resolved without a conviction, you are generally eligible for record restriction. This includes:

• Charges dismissed: The prosecuting attorney dropped the charges (nolle prosequi).
• Not guilty verdict: You were acquitted at trial.
• Charges not prosecuted: The statute of limitations expired without charges being filed.
• Dead docketed cases: The case was placed on the dead docket and has remained there for the required period.
• Pretrial diversion completed: You successfully completed a pretrial diversion or intervention program.
• Pardoned: You received a pardon from the State Board of Pardons and Paroles.

For non-conviction records, the restriction is generally automatic or available upon request without significant barriers. As of July 1, 2021, O.C.G.A. § 35-3-37(j.1) requires that certain non-conviction records be automatically restricted without the individual having to request it.

2. Misdemeanor Convictions (O.C.G.A. § 35-3-37(j)(4))

Under the 2020 expansion of Georgia's record restriction law, certain misdemeanor convictions may now be restricted. You may be eligible if:

• You were convicted of a misdemeanor (not a serious violent felony, sex offense, or DUI).
• At least four years have passed since you completed your sentence, including probation, fines, and restitution.
• You have not been convicted of any new offense during the waiting period.
• You have no pending criminal charges.
• The offense is not on the list of excluded misdemeanors (DUI, family violence offenses, sexual offenses, offenses against minors).

3. Felony Convictions: Very Limited Eligibility

Georgia is more restrictive with felony convictions. Currently, felony record restriction is available only in narrow circumstances:

• The conviction was reversed on appeal.
• You received a pardon that specifically authorizes record restriction.
• The offense has been reclassified as a misdemeanor by a subsequent change in law.
• Certain first offender sentences under O.C.G.A. § 42-8-60 et seq., where the case was discharged without adjudication of guilt.

4. First Offender Discharges

Georgia's First Offender Act (O.C.G.A. § 42-8-60) allows certain first-time offenders to plead guilty without a formal adjudication of guilt. Upon successful completion of the sentence, the case is discharged and the individual is eligible for record restriction. This applies to both felony and misdemeanor first offender sentences, with some exceptions for serious violent felonies and sex offenses.

Offenses That Cannot Be Restricted

Georgia law excludes certain offenses from record restriction regardless of how much time has passed:

• Serious violent felonies as defined in O.C.G.A. § 17-10-6.1 (murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery)
• Sexual offenses requiring sex offender registration under O.C.G.A. § 42-1-12
• DUI convictions under O.C.G.A. § 40-6-391
• Family violence offenses under O.C.G.A. § 19-13-1
• Offenses against minors (child cruelty, child molestation)
• Charges involving victims under 16 years of age

The Record Restriction Process

The process for obtaining record restriction in Georgia depends on the type of case:

Non-Conviction Records

1. Obtain your criminal history: Request your Georgia Crime Information Center (GCIC) record from the Georgia Bureau of Investigation.
2. Verify eligibility: Confirm that the case resulted in a disposition that qualifies (dismissal, acquittal, dead docket, etc.).
3. File the petition: Submit a petition for record restriction to the court where the case was handled, or directly to GCIC for cases covered under the automatic restriction provisions.
4. Agency review: The prosecuting attorney's office has 90 days to object.
5. Court hearing (if objection is filed): If the prosecutor objects, the court will hold a hearing where you must demonstrate that the restriction serves the interests of justice.
6. Order issued: If granted, the court issues an order directing GCIC and the arresting agency to restrict the record.

Misdemeanor Conviction Records

1. Confirm the waiting period: Verify that at least four years have passed since completion of your sentence.
2. Check for disqualifiers: Ensure no new convictions, pending charges, or excluded offense types.
3. File the petition: Submit the petition to the superior court in the county where the conviction occurred.
4. Pay the filing fee: A filing fee is required (typically $50 to $250 depending on the county).
5. Prosecutor notification: The prosecutor is notified and may object.
6. Hearing: The court weighs the interests of justice, public safety, and your rehabilitation.
7. Order issued or denied: The judge has discretion to grant or deny the petition.

Benefits of Record Restriction

Successfully restricting your criminal record provides significant tangible benefits:

• Employment: Restricted records will not appear on most employer background checks. Under Georgia's ban-the-box provisions and general record restriction law, you can legally answer "no" when asked if you have been convicted of a crime (for restricted records).
• Housing: Landlords conducting background checks will not see restricted records.
• Education: College and graduate school applications will not be affected by restricted records.
• Professional licensing: Many professional licensing boards will not consider restricted records, though some government positions and law enforcement roles may still access them.
• Peace of mind: Removing the stigma of a criminal record allows you to move forward with your life without the constant fear of your past being discovered.

How Long Does the Process Take?

The timeline for record restriction in Georgia varies:

• Automatic restrictions (non-convictions): These should process within 30 to 60 days of the qualifying disposition, though delays are common.
• Petitioned non-conviction restrictions: Typically 2 to 4 months from filing to order.
• Misdemeanor conviction restrictions: Typically 3 to 6 months, longer if the prosecutor objects and a hearing is required.
• Implementation after order: Once the court issues the restriction order, it can take an additional 30 to 60 days for GCIC and all relevant agencies to update their databases.

Costs Involved

Record restriction in Georgia involves several potential costs:

• GCIC criminal history report: approximately $30 to $50
• Court filing fees: $50 to $250 depending on the county
• Service of process fees: $25 to $75
• Attorney fees: vary based on complexity, number of charges, and whether the case is contested

For many people, the investment in record restriction pays for itself many times over through improved employment opportunities and higher earning potential.

Why You Need an Attorney

While the record restriction process may seem straightforward, there are numerous pitfalls that can result in denial or delays:

• Filing in the wrong court or under the wrong statutory provision
• Failing to include all charges from a multi-count case
• Not properly serving all required parties
• Missing disqualifying factors that should be addressed before filing
• Failing to present a compelling case at a contested hearing
• Not following up to ensure the restriction is properly implemented across all databases

An experienced criminal defense attorney can navigate these issues, increase your chances of success, and ensure the restriction is fully implemented.

Contact J. Lee & Associates to Start Clearing Your Record

If you have a criminal record in Georgia that is holding you back from employment, housing, education, or simply peace of mind, contact J. Lee & Associates to discuss your eligibility for record restriction. We have helped numerous clients throughout Gwinnett County, DeKalb County, Fulton County, and the greater Atlanta area clear their records and move forward with their lives.

Call us at (770) 609-9396 to schedule a consultation. We are available 24/7 for arrests and during business hours for record restriction consultations. Let us help you put the past behind you and build the future you deserve.