Overview Description

Records relating to a crime that has been granted a pardon from the State Board of Pardons and Paroles as provided in Ga. Code Ann. § 42-9-42 may be restricted as long as the petitioning individual has not been convicted of any crime in any jurisdiction, excluding any conviction for a non-serious traffic offense, since the pardon was granted, and has no pending charged offenses. Ga. Code Ann. § 35-3-37(j)(7).

This section does not apply to serious violent felonies as defined in Ga. Code Ann. § 17-10-6.1 or sexual offenses as defined in Ga. Code Ann. § 17-10-6.2.

The petition must be filed in the superior court where the case is pending. A hearing, if requested, will be held within 90 days of the filing of the petition. For the specific procedure, see Ga. Code Ann. § 35-3-37(j)(7).

There is no statutory language on fees.

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).