Atlanta Expungement Lawyers & Record Restriction Attorneys

Clearing Your Record With an Atlanta Expungement Lawyer

In Georgia, what most people call expungement is now called record restriction. Record restriction takes arrest and disposition records out of the public database the Georgia Crime Information Center (GCIC) runs. Those records no longer show up on standard background checks. Expungement lawyers in Atlanta help clients ask the courts to restrict these records from public view. The petition goes to the Fulton County Superior Court, State Court of Fulton County, or Atlanta Municipal Court.

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A criminal record can follow a person long after charges are dismissed or a case ends in acquittal. Job applications, housing screenings, and license reviews all pull from public databases. An Atlanta expungement attorney can work out which records qualify. The lawyer will handle every step of the filing. For statewide rules on who qualifies, see our Georgia expungement guide.

Record restriction takes knowledge of each court's own rules. The rules differ based on how the case ended, the type of charge, and when the conduct took place. If you hope to clear your arrest from public records, an experienced Atlanta defense attorney can guide you through it. En Español.

Who Qualifies for Record Restriction in Atlanta

Georgia law gives several paths to record restriction. Each path has its own rules. Some are automatic. Others take a formal petition. An Atlanta expungement attorney can work out which path fits a client's case.

Arrests With No Charges Filed

If a person was arrested but the prosecutor never filed charges, the arrest record may be restricted. For arrests since July 1, 2013, GCIC restricts the record once the arresting agency closes the case. For older arrests, the individual asks the arresting agency in writing, and that fee cannot exceed $50. If the agency never reports the case to a prosecutor, restriction follows two years after a misdemeanor arrest, four years after most felony arrests, and seven years after a serious violent felony arrest. No court petition is required.

Charges Dismissed or Dead-Docketed

When charges are dismissed or nolle prossed, the record is restricted without a court hearing. Restriction does not apply if the dismissal came from a plea deal on a related charge, from evidence the prosecutor could not use, or from immunity. A dead-docketed charge is different: after twelve months on the dead docket, the person petitions the court, and the judge decides.

Acquittals

A person acquitted of all charged offenses at trial is eligible for restriction of the arrest and charge records. The prosecutor has ten days after the verdict to object, and must then show clear and convincing reasons to keep the record public. If some charges end in acquittal but others do not, the record is not restricted.

Certain Misdemeanor Convictions After Four Years

A person convicted of a misdemeanor, or of misdemeanors from one incident, may petition for restriction. The petitioner must have finished the sentence and gone four years with no new conviction. No charges may be pending. Georgia allows this petition for a lifetime maximum of two such convictions.

First-Offender Discharges

Georgia's First Offender Act allows certain defendants to complete their sentence without a formal conviction. The discharge happens as a matter of law once the sentence is finished. To close the file, the person petitions the court that granted the discharge for a sealing order, with notice to the clerk and the prosecutor. That court rules within 90 days. First offender treatment is available only once, and not for DUI or a serious violent felony.

Pardoned Convictions Under the Second Chance Act

Georgia's Second Chance Act amendments added a restriction path for pardoned convictions. A person pardoned by the State Board of Pardons and Paroles may petition the court of conviction to restrict the record. The pardoned offense cannot be a serious violent felony or a sexual offense, and the person must have no new convictions and no pending charges.

What Record Restriction Does and Does Not Remove

This split causes more confusion than any other part of the process. Knowing what restriction covers helps Atlanta clients set realistic hopes.

Record restriction takes the arrest and disposition data out of the GCIC public-access database. Standard employer background checks that pull from GCIC will no longer show the record. That matters for job applications, apartment screenings, and license reviews. An Atlanta criminal record & background checks attorney can explain just which searches will and will not return results after restriction.

But restriction has limits. Law enforcement, prosecutors, and courts keep full access to restricted records. A restricted record is not erased, only hidden from public view. Restriction also does not override disclosures that federal law requires, and schools, child care providers, and long-term care employers may still consider the record.

Private background-check databases and news websites that already copied the record before restriction are not required to remove it. Companies like Checkr and GoodHire maintain independent databases. Georgia law bars GCIC and police agencies from releasing a restricted record to private businesses, but it does not order private sites to delete copies they already hold.

Georgia law provides a separate option: sealing the court file. Only a person whose record is already restricted may ask for it. The petition goes to the court with original jurisdiction in the county where the clerk sits, with notice to the clerk and the prosecutor. The clerk then has 60 days to restrict every document in the file. Sealing closes the court file itself. Restriction addresses the GCIC database entry. Many clients benefit from pursuing both.

How a Record Restriction Petition Moves Through Fulton County Courts

The filing path depends on whether the case ended with a conviction.

Non-Conviction Restrictions

For an arrest from before July 2013 with no conviction, the petitioner submits a restriction request form to the arresting agency and the prosecuting office. For later arrests restriction should be automatic, and a person whose record stays public may file a civil action in superior court. Dismissed charges, acquittals, and cases where charges were never filed all qualify for this path. The arresting agency is the Atlanta Police Department or Fulton County Sheriff's Office. For misdemeanors, the prosecuting office is the Fulton County Solicitor General. For felonies, it is the Fulton County District Attorney.

The agency sends the request to the prosecutor within 30 days, and the prosecutor then has 90 days to decide. If the prosecutor does not answer in that time, the law presumes no objection. The agency restricts the record within 30 days of the decision, with no court hearing.

Conviction-Based Restrictions

For eligible convictions, the petitioner must file a formal petition in the court where the conviction occurred. In Fulton County that is usually Superior Court, State Court, or a municipal court. Eligible records include pardoned convictions and older misdemeanor convictions. The petition must be served on the prosecuting attorney, meaning the District Attorney or the Solicitor General.

If either side requests a hearing, the court must hold it within 90 days of filing. The judge hears evidence and weighs the harm to the petitioner against the public interest in an open record. The judge must grant restriction when the harm to the petitioner clearly outweighs that public interest.

After Restriction Is Granted

Once a court or agency grants restriction, the law gives GCIC 30 days to restrict the record after it receives the order. The arresting agency then has 30 more days once GCIC notifies it. During this window, the record may still appear on background checks.

Georgia's restriction law sets no filing fee for a petition, caps the fee for restricting an older arrest at $50, and charges nothing to a trafficking victim. Attorney fees vary based on case complexity and the number of records involved. An Atlanta expungement lawyer handles each filing step. This includes pulling the client's GCIC record, preparing the petition, and appearing at hearings.

Charges That Cannot Be Restricted in Georgia

Not every record qualifies. Georgia law shuts out several groups of convictions.

Convictions for serious violent felonies – murder, armed robbery, kidnapping, rape, aggravated sodomy, aggravated child molestation, and aggravated sexual battery – cannot be restricted. A charge that was dismissed can still be restricted, even for a serious felony. Sexual offenses as Georgia law defines them are also excluded. DUI and other serious traffic convictions remain ineligible regardless of time passed. Family violence convictions are excluded too, although a person under 21 at the time of arrest may still petition for family violence simple assault, simple battery, or battery.

Clients with records that do not qualify still have options. The Georgia Board of Pardons and Paroles may grant a pardon with restoration of rights. That can help job prospects even when restriction is off the table. A pardon does not erase the conviction. But it may open doors the conviction closed.

Frequently Asked Questions About Atlanta Expungement

Can I Expunge a Felony Conviction in Georgia?

Georgia does not allow traditional expungement of felony convictions. However, certain felony records may qualify for restriction. This applies if the charge was dismissed, the person was acquitted of all charges, or the person was discharged under the First Offender Act. A pardoned felony may also be restricted, unless it was a serious violent felony or a sexual offense. An attorney can review your specific record to identify which options apply.

How Long Does Record Restriction Take in Fulton County?

Timelines depend on the type of restriction. For non-conviction requests, the prosecutor has 90 days to decide, and the agency then restricts the record within 30 days. For conviction-based petitions, the court must hold any requested hearing within 90 days of filing, so the calendar can add months. After approval, GCIC has 30 days to restrict the record once it receives the order.

Will Record Restriction Remove My Case From Google and Background-Check Websites?

Restriction removes the record from the GCIC public database. Most employers use this as their source. However, private background-check companies and news websites that already copied the data are not automatically required to delete it. Some comply voluntarily, while others may require separate requests. Sealing the court file adds another layer of protection once the record is restricted.

How Much Does It Cost to Hire an Atlanta Expungement Lawyer?

Georgia's restriction law sets no court filing fee for a restriction petition, and it caps the fee for restricting an older arrest at $50. The clerk's office can confirm what a particular filing costs. Attorney fees vary based on case complexity. A single dismissed misdemeanor is simpler than multiple records across different courts. Kohn & Yager LLC offers free consultations to review your record and provide a clear cost estimate before any work begins.

Speak With an Atlanta Expungement Lawyer About Your Record

A criminal record that stays visible can cost you a job, a lease, or a license. Each day it remains public creates new hurdles. Kohn & Yager LLC offers a free consultation where a lawyer reviews your GCIC record. The lawyer spots which charges qualify for record restriction. The lawyer also explains the filing process in Fulton County Superior Court, State Court, or Atlanta Municipal Court.

Do not assume your record cannot be cleared. Contact an Atlanta expungement lawyer today to discuss your options. Take the first step toward a clean background check.