Criminal Record Restriction in Georgia: A Fresh Start

Name: J. Lee & Associates Law Group
Address: 1250 Tech Dr, Suite 240, Norcross, GA, 30093, US
Telephone: (770) 609-9396
Price range: Free Consultation
Rating: 4.7

Case Evaluation→(770) 609-9396

A criminal record can follow you for life, affecting your employment, housing, education, and immigration status. In Georgia, the record restriction law allows certain arrests and convictions to be sealed from public view under O.C.G.A. § 35-3-37. The 2020 reform significantly expanded eligibility, giving thousands of Georgians the opportunity for a fresh start. At J. Lee & Associates, we evaluate your history and manage the entire restriction process in Gwinnett County courts.

Record restriction in Georgia is not the same as 'expungement' (complete deletion). Under Georgia law, restriction seals the record from general public access, but law enforcement and certain licensed employers can still access the information. For arrests without conviction (dismissed, not prosecuted, or acquitted), restriction is generally automatic or available by petition. For misdemeanor convictions, the law requires a waiting period and completion of all sentence conditions.

It is especially important for individuals with immigration concerns to consider record restriction. While state record restriction does not eliminate a conviction for federal immigration purposes, it can help with employment and housing background checks. For individuals who successfully completed the First Offender Act (O.C.G.A. § 42-8-60), the law provides additional protections that can be valuable in the immigration context.

Steps You Should Take

Get Your Criminal History

Request your Georgia Crime Information Center (GCIC) record. This document shows all arrests and dispositions in Georgia.

Free Eligibility Consultation

Call JLA at (770) 609-9396 for an evaluation. We identify which arrests and convictions qualify and the optimal strategy.

Gather Compliance Documents

Proof of probation completion, fine payment receipts, program completion certificates. We help obtain these documents.

Filing and Follow-Up

We prepare and file the petition in Gwinnett County court, notify the prosecution, and represent you at any required hearing.

Frequently Asked Questions

What types of records can be restricted?

Arrests without conviction (dismissed, acquitted) are generally eligible. Misdemeanor convictions can be restricted after completing the sentence and a waiting period. Felonies are generally NOT eligible, with limited exceptions.

How long must I wait to apply?

Arrests without conviction: immediately after resolution. Completed misdemeanors: generally 4 years after completing the sentence. First Offenders: upon successful completion of probation.

Does restriction clear my record for immigration?

Not completely. USCIS can still access restricted records. However, it can help with employment and housing checks. Successful completion of First Offender may provide additional protections.

How much does the process cost?

Court fees vary. In Gwinnett County, the filing fee is approximately $50 to $150. We offer free consultations to evaluate your eligibility.

Do I need a lawyer?

The process requires a legal petition, court and prosecution documents, and potentially a hearing. An attorney ensures the petition is correct, avoiding delays and rejections.