Overview Description

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.
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Ineligible Category or Citation

See section 42-8-60(j) for offenses ineligible for first offender sentencing.

Procedure General

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.

Fees

No fee can be charged to file the petition. Ga. Code Ann. § 42-8-66(h).

Effect

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

The criminal history information is sealed and unavailable to the public, except for specified purposes. Ga. Code Ann. §§ 42-8-62.1(d), (e), (f), (g).

Waiting Periods

There is no waiting period.

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