Overview Description

Records relating to a conviction that was vacated or reversed can be restricted by the court if the prosecuting attorney does not retry case within two years of the final order vacating or reversing the conviction. Ga. Code Ann. § 35-3-37(j)(2).
(Cannot link directly to statutes.)

Ineligible Category or Citation

Does not apply to a vacated or reversed conviction for which the punishment was the death penalty. Ga. Code Ann. § 35-3-37(j)(2)

Procedure General

The petition must be filed in the superior court where the conviction occurred. For the specific procedure, see Ga. Code Ann. § 35-3-37(j).

Thereafter, a petition can be filed with the court to seal all criminal history record information maintained by the clerk of the court for the person's charge. Click here for more information.

Request can be made to restrict access to the appropriate court or detention center records. Click here for more information.

Fees

There is no statutory language regarding fees.

Effect

Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6).

Waiting Periods

The petition may be filed two years after the final order vacating the conviction.

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