Records relating to a conviction of a person who was not informed of first offender treatment pursuant to 42-8-60, but would have been eligible, can be restricted if the court grants the petition for retroactive exoneration and discharge. Ga. Code Ann. § 42-8-66.
(Cannot link directly to statutes.)
Ineligible Category or Citation
See section 42-8-60(j) for offenses ineligible for first offender sentencing.
The petition must be filed in the superior court in the county in which the person was convicted. Petitioner must have the consent of the prosecuting attorney to file the petition. For the specific procedure, see Ga. Code Ann. § 42-8-66.
Thereafter, a petition can be filed with the court to seal all criminal history record information. Click here for more information.
The court can issue an order retroactively granting first offender treatment and discharge the defendant. Ga. Code Ann. § 42-8-66.
A discharge is not a conviction of a crime and cannot be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector, except for positions listed in section 42-8-63.1. Ga. Code Ann. §§ 42-8-63, 42-8-63.1