What Record Restriction Means in Georgia
Georgia uses the term “record restriction” rather than expungement, but the effect is the same: the record is sealed from public criminal history databases under O.C.G.A. § 35-3-37. Employers, landlords, and most private background check services will not see a restricted record. Law enforcement and certain government agencies retain some access, but for most everyday purposes — the job application, the apartment application, the professional license renewal — the record can be made effectively invisible.
The result can be transformative, particularly for people who have been carrying the weight of an old arrest or conviction into every opportunity for years.
Who Qualifies for Record Restriction in Georgia
Georgia’s eligibility rules changed significantly with the Second Chance Act and subsequent amendments to § 35-3-37. The current framework allows for record restriction in a broader range of circumstances than most people realize. Qualifying situations include:
Dismissed charges and acquittals — If your case was dismissed, no-billed by a grand jury, or you were found not guilty, you are generally eligible to have that arrest restricted under § 35-3-37(h).
Charges that did not result in conviction — Including cases diverted through pre-trial intervention or accountability courts.
First Offender Act sentences (O.C.G.A. § 42-8-60) — If you were sentenced under Georgia’s First Offender Act and successfully completed the terms, the record can be restricted upon discharge. In certain cases, your record can be restricted at sentencing so that your life can go on while you are completing your probation. In some cases, restriction may require a separate petition under § 35-3-37.
Conditional Discharge completions (O.C.G.A. § 16-13-2) — First-time drug possession cases resolved through conditional discharge without a judgment of guilt are eligible for restriction upon completion.
Certain misdemeanor convictions — Under § 35-3-37, most misdemeanor convictions become eligible for restriction four years after completion of sentence, provided no new convictions occurred during that period.
Certain felony convictions — A more limited but expanding category; specific offenses qualify after statutory waiting periods. The full list of disqualifying offenses is set out in § 35-3-37(j)(4).
Not every offense qualifies. Serious violent felonies, sexual offenses, and offenses against children are generally excluded. Charles will review your full record and give you an honest assessment.
The Process
Petitioning for record restriction under § 35-3-37 can involve contacting the prosecuting attorney for the jurisdiction where the charge was filed, and in some cases, filing a civil action in superior court. For arrests after July 1, 2013, automatic restriction or prosecutorial consent can be the starting point; earlier arrests may require a formal application to the arresting agency. Timelines and procedures vary depending on the type of disposition and the jurisdiction. Having an experienced attorney manage the process ensures it is done correctly the first time — errors can delay relief by months, years, or even make it impossible to get a clean record.
Take Back Control of Your Record
If you have an arrest or conviction that has been holding you back, call Cullen Law to find out whether record restriction is an option. The consultation is confidential, and the answer may be better than you expect.
