Georgia Criminal Record Expungement: The Top 21 Questions

By: William C. Head, senior partner of the Firm, in law practice in Georgia since 1976

Based on our comprehensive research of Georgia law regarding expungement (officially called "record restriction" in Georgia), our expungement attorneys near me can now provide detailed answers to the following 21 commonly asked questions. One query that is not listed here is the question of attempting this process yourself, that answer is yes, but people can also decide to be their own doctor and perform surgery on themselves, but this often leads to an undesired result.

Georgia's expungement laws are primarily governed by O.C.G.A. § 35-3-37 and various related Georgia statutes. Several more state of Georgia laws will be discussed here, too.

Georgia uses the term "record restriction" rather than expungement to describe the process of limiting public access to criminal records. Here are comprehensive answers to 21 frequently asked questions based on current Georgia law. Larry Kohn, one of Georgia’s best-known criminal defense attorneys, is one of the most active and experienced expungement lawyers near me handling statewide expunctions for clients who need their records cleared.

Felony convictions in Georgia require a two-step process:

• First: Obtain a pardon from the Georgia Board of Pardons and Paroles under O.C.G.A. § 42-9-42
• Second: After receiving a pardon, then petition the court for record restriction under O.C.G.A. § 35-3-37(j)(7)

Requirements for pardon eligibility:

• Complete all sentence requirements at least 5 years prior to applying. (The rule is for 10 years for any eligible sex offenses)
• Live a law-abiding life since completion of sentence
• Pay all fines in full
• Have no pending charges

Exceptions: Serious violent felonies and sexual offenses cannot be expunged even with a pardon.

In Georgia, "expungement" is officially called "record restriction" under O.C.G.A. § 35-3-37(a)(6). Record restriction means that criminal history information is:

• Available only to judicial officials and criminal justice agencies for law enforcement purposes
• Not available to be disclosed to private persons, or businesses, nor to most governmental agencies
• Hidden from most employer background checks, but not all (e.g., if applying for a federal job or seeking to join a branch of the armed services).

Important: The record is not destroyed but rather is sealed from public inspection and visibility, but still accessible by some parts of the legal system.

Generally, no. Traffic tickets (convictions) are not eligible for expungement in Georgia. However:

• Limited exceptions: If you completed a pretrial diversion program
• Alternative: You may be able to reduce or eliminate points on your license through defensive driving courses
• Record restriction might be possible in very limited circumstances with the input of prosecutorial discretion to do that

Types of non-convictions are eligible for record restriction under O.C.G.A. Section 35-3-37:

Non-convictions:

• Dismissed charges
• Nolle prossed cases (meaning that the prosecutor --- for some reason was unwilling or unable to prosecute the case).
• Acquittals by either a jury or by a judge hearing the case without a jury
• Cases that were never prosecuted
• Convictions that occurred in a criminal law court but were appealed and overturned by a higher appeals court and then not re-tried.

Misdemeanor convictions (with limitations):

• Up to two misdemeanor convictions in that person’s lifetime
• To seek expunction, the convicted person must wait 4 years after completion of all aspects of the sentence
• Must have no other convictions during that 48-month waiting period

Felony convictions:

• Only possible with a pardon from the Georgia Board of Pardons and Paroles
• Certain serious violent felonies or sexual offense cases are not eligible

First Offender Act cases:

• Successful completion of a first offender act sentence automatically allows record restriction

Private background checks: No, restricted records generally do not appear on employer background checks.

Government/law enforcement: Yes, restricted records remain visible to:

• Law enforcement agencies
• Judicial officials
• Criminal justice agencies
• Professional licensing boards in some cases

Processing time varies:

• Standard cases: 4-6 months after approval
• With pardon: 6-9 months for pardon process, then additional time for record restriction
• GCIC processing: Within 30 days once approved

The process involves multiple agencies: arresting agency, prosecutor's office, and Georgia Crime Information Center (GCIC).

If a restricted record still appears:

• Contact the background check company to update their records
• Provide your own copy of the documentation of the record restriction order
• Contact the GCIC to ensure that they followed the proper restriction processing
• As a last resort, in rare cases, you may file legal action: You may have grounds for a civil lawsuit if the restriction order is being violated and is causing you harm.

An Alford plea results in a conviction. Therefore:

• The same rules apply as any other conviction for expungement eligibility
• For a misdemeanor Alford plea: May be eligible for record restriction under the same rules as other misdemeanor convictions
• Felony Alford plea: Requires pardon first, then record restriction petition

The fact that it was an Alford plea (maintaining innocence while pleading guilty) does not affect expungement eligibility.

A record restriction alone does not restore gun rights. Under Georgia law:

• Separate process required: Must apply for restoration of firearm rights through the Board of Pardons and Paroles
• Federal vs. State: Even if state gun rights are restored, federal restrictions may still apply
• Pardon required: The pardon must specifically include firearm rights restoration

Dismissed cases are automatically eligible for record restriction under OCGA § 35-3-37(h)(2)(A). The process is to:

1. Wait for an automatic restriction: Many dismissed cases are automatically restricted
2. Manual request: If not automatic, request restriction from the arresting agency
3. Fee: Up to a $50 processing fee
4. Timeline: Prosecuting attorney has ninety (90) days to approve

DUI convictions cannot be expunged in Georgia. This is explicitly stated in multiple sources and is a permanent prohibition.

Limited exceptions:

• Dismissed DUI charges: If the DUI was dismissed (not convicted), it may be eligible for record restriction
• First Offender Act: If sentenced under the First Offender Act and successfully completed
• Pardon: Theoretically possible but extremely rare

Reckless driving convictions generally cannot be expunged. Even if the original charge was DUI:

• Once convicted of reckless driving, expunction is not possible
• The conviction remains permanent on your record
• Better outcome than DUI: While not subject to expunction, a reckless driving conviction is significantly better than a DUI conviction

No, not automatically. A record restriction does not restore gun rights. These steps and requirements are in place:

• Separate application: Must specifically apply for firearm rights restoration
• For felony cases, that pardon must include restoring firearm rights: The pardon from Pardons and Paroles must specifically restore firearm rights.
• Even then, federal restrictions on gun ownership (for some crimes) may still apply: Federal law may still prohibit firearm possession

Under O.C.G.A. § 35-3-37(v), restricted records will remain accessible to:

• Judicial officials and criminal justice agencies
• Law enforcement for its official purposes
• Prosecuting attorneys and public defenders
• Professional licensing boards (in some cases)
• The individual who is the subject of the record
• Anyone with a court order to view such records
• Attorneys representing accused individuals (with sworn affidavit from the person who had been convicted)

Sex offense convictions cannot be expunged even with a pardon. Under OCGA § 35-3-37(j)(7), record restriction is specifically prohibited for "sexual offenses".

Sex offender registry removal: Separate process exists for removal from the sex offender registry under certain limited circumstances for Level 1 offenders, but this does not expunge the conviction.

Most domestic violence convictions cannot be expunged. Under O.C.G.A. § 35-3-37(j)(4)(B), the following domestic violence offenses are specifically excluded from record restriction:

• Family violence simple assault
• Family violence simple battery
• Family violence battery
• Family violence stalking
• Violating a family violence order

Special Note: This harsh reality is why our Firm’s family violence defense efforts are needed, to work hard to have the original charge is reduced to a different, less serious crime than those enumerated above.

Limited exception: Youthful offenders (under 21 at time of offense) may be eligible for some family violence misdemeanor expungements.

It depends on the type of background check:

• Private background checks: These generally will not show these State-restricted records
• FBI background checks for federal employment: May still show restricted State records
• State compliance: The FBI will comply with State restriction orders in many cases

In the immigration context: The USCIS can see expunged records and requires disclosure of all arrests/convictions including expunged ones. USCIS processes immigration applications and sets immigration policies on a federal level.

Yes, immigration authorities can see expunged records. Under federal immigration law:

• USCIS has access to sealed and expunged records
• Disclosure required: Applicants must disclose all arrests/convictions including expunged ones
• Failure to disclose can result in application denial
• Federal agencies generally have broader access to restricted records than private entities

The following felonies cannot be expunged even with a pardon under O.C.G.A. § 35-3-37(j)(7):

• Serious violent felonies as defined in O.C.G.A. § 17-10-6.1
• Sexual offenses as defined in O.C.G.A. § 17-10-6.2

Additionally, the following crimes are excluded from misdemeanor record restrictions and would likely be excluded as felonies:

• Sex crimes involving minors
• Armed robbery, aggravated stalking
• Murder, kidnapping
• Human trafficking (though victims may have special provisions)

Lifetime limits under O.C.G.A. § 35-3-37(j)(4)(C):

• Two misdemeanor convictions maximum for a person’s lifetime
• A series of misdemeanors crimes from single incident generally will be counted as one conviction
• No limit on non-conviction records (dismissed cases, acquittals, etc.)
• Felony convictions: Only one if pardoned (serious violent felonies and sex crimes excluded)

Re-filing: If a petition is denied, that applicant may refile his or her request after waiting two (2) more years.

You may still need to seek a record restriction. The First Offender Act under O.C.G.A. § 42-8-60 provides significant benefits:

Automatic benefits of successful First Offender completion:

• No conviction on record
• Civil rights restored
• Generally, such deferred adjudication cases are not considered to be a criminal conviction

However, you may still need record restriction after your 1^st offender completion because:

• That arrest record may still be public. This can be done through a court clerk's office, the applicable county sheriff's department, or sometimes can be done online
• Court records may remain accessible to the public
• Additional steps taken to obtain “sealing” may be beneficial for complete protection

Using the Legal Process: You can petition the court to seal court records under O.C.G.A. § 35-3-37(m) for full protection.

It is strongly recommended to consult with a record expunction attorney experienced in Georgia expungement law for specific cases, as eligibility and procedures can vary significantly based on individual circumstances. When you speak with AVVO superstar attorney Larry Kohn, he brings nearly 28 years of dedicated criminal defense law experience to the table, and limits his legal assistance to expungement in GA.

If you are seeking to clean up your past criminal history why not trust Mr. Kohn, a best expungement attorney near me, who covers all of Georgia? In that initial FREE interview, he can quickly tell you about the convictions that are eligible to be cleared and those which are not eligible.

Our lawyers are all legal book co-authors on MULTIPLE books. If you could find a medical doctor who “wrote the book” on your type of medical problem, would that doctor be who you would want to see? While that doctor may not give you a FREE assessment, Mr. Kohn is willing to do that for you.

Dial 404-567-5515 and do it 24 hours a day. The initial consultation is FREE, so what are you waiting for?