If you’ve been arrested or convicted of a crime in Georgia, you may be wondering whether there’s a way to clear your record and move forward without that history following you into job applications, housing searches, and background checks. The short answer is – it depends. Georgia Calls It “Record Restriction,” not expungement.
Technically speaking, Georgia doesn’t use the word expungement. The formal process is called record restriction, and what it does is remove eligible arrests and convictions from public view. Employers, landlords, and most background check services can no longer see restricted records. Law enforcement can still access them, but for most practical purposes, a record that is restricted is essentially removed from background checks.
What Charges or Convictions Can Be Restricted?
Eligibility for record restriction in Georgia depends on the nature of the charge, whether it resulted in a conviction, and in some cases how much time has passed since the sentence was completed.
Arrests and Charges That Did Not Result in a Conviction
Cases that were dismissed, resulted in an acquittal, or were nolle prossed by the prosecutor are generally eligible for restriction. These are the most straightforward situations because there was no conviction.
Arrests after July 1, 2013 should restrict automatically through the clerk of court, while arrests before that date require a direct application to the arresting agency.
Misdemeanor Convictions
Georgia law now allows up to two misdemeanor convictions to be restricted, provided you have completed your sentence in full and remained crime-free for at least four years afterward. Completing your sentence means being finished with probation, fines, community service, and any other conditions attached to the case.
Youthful Offender Convictions
Certain misdemeanors committed before the age of 21 may qualify for restriction under Georgia’s youthful offender provisions. This pathway exists separately from the standard misdemeanor restriction process and may apply even when other eligibility criteria aren’t met.
Felony Convictions
Felony restriction is possible in Georgia but involves an additional step that many people aren’t aware of. Before a court will consider restricting a felony conviction, you must first obtain a pardon from the State Board of Pardons and Paroles. Receiving a pardon doesn’t automatically clear your record; it opens the door to petitioning a judge for restriction. The two are separate processes.
What Cannot Be Restricted
Not every charge or conviction qualifies, and some are permanently excluded from restriction under Georgia law regardless of circumstances:
- DUI convictions
- Most sex offenses
- Serious violent felonies
If your record includes any of these, restriction is not available as a legal remedy. An attorney can review your full record and give you an honest assessment of what is and isn’t eligible.
How To Start the Record Restriction Process
Starting the process requires pulling an official copy of your criminal history from your local Sheriff’s office or police department, reviewing which charges are eligible, and filing the appropriate paperwork with the correct agency. The steps aren’t always as straightforward as they appear, and errors in the paperwork or incorrect eligibility assumptions can set the process back significantly.
Working with an experienced Norcross criminal defense attorney from the beginning is the most reliable way to make sure everything is filed correctly and that nothing eligible gets missed.
If you’re ready to find out whether your record qualifies for restriction, contact Gonzalez Torres Law today for a confidential consultation. We’ll review your history, give you a straight answer about what’s possible, and handle the process on your behalf.