Sealing a criminal record, which used to be called “expungement,” can provide a fresh start for individuals with a criminal record. It restricts access to certain documents, making them invisible to employers and licensing boards on background checks.
Georgia calls this the records restriction process. Unlike several other states, Georgia doesn’t erase records but limits who can see them. If you qualify, this can help you move forward with your life.
Records that can be sealed in Georgia
In Georgia, only certain criminal records qualify. Here’s a list:
- Arrests without prosecution: If arrested but not charged with a crime.
- Dismissed charges: If authorities dropped your charges and did not file an indictment.
- Non-conviction within five years: You cannot have a conviction for the same or a similar offense in the last five years.
- No other criminal charges: You cannot have any other pending charges.
- Not guilty verdicts: Acquittal after a jury trial.
- Time-expired restrictions: For unprosecuted charges, including misdemeanors after two years, non-violent felonies after four years and violent or sexual felonies after seven years.
You must meet these conditions to qualify for the records restriction process, which can significantly improve your future opportunities.
How the process works
Sealing your record in Georgia involves several steps. You can contact the prosecuting attorney directly for arrests after July 1, 2013. They can approve the request, which is then filed with the court.
If your arrest was before this date, you must contact the Georgia Bureau of Investigation or your arresting agency. You’ll complete a request form, which the arresting agency and the prosecutor must approve. A $25 fee is also required.
Once approved, your restriction information goes to the Georgia Crime Information Center (GCIC) database, which notifies you and the arresting agency. If the prosecutor can’t submit the information, you must send the form and fee to the GCIC.
Navigating this process can be complex. Seeking help from an experienced criminal defense attorney can ensure you meet all requirements and deadlines. They can guide you through each step, enhancing your chances of success. With a restricted record, you can pursue new career, education and housing opportunities without a criminal history holding you back.