Overview Description

Records relating to a misdemeanor or series of misdemeanors arising from a single incident can be restricted by the court five years after sentence completion if the defendant was a youthful offender as defined in section 35-3-37(10) and has not been arrested for at least five years, excluding arrests for non-serious traffic offenses. Ga. Code Ann. § 35-3-37(j)(4)(A).
(Cannot link directly to statutes.)

Ineligible Category or Citation

See section 35-3-37(j)(4)(B) for offenses ineligible for restriction.

Procedure General

The petition must be filed in the superior court in the county where the conviction occurred. For thespecific procedure, see Ga. Code Ann. § 35-3-37(j)(4).

Thereafter a petition can be filed with the court to seal all criminal history record information maintained by the clerk of the court for such 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 can be filed five years after sentence completion.

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