Overview Description

Records relating to an arrest where the accusation or indictment is followed by dismissal or nolle prosequi are restricted by the Georgia Crime Information Center, so long as all criteria are met. Ga. Code Ann. § 35-3-37(h)(2)(A), (E).
(Cannot link directly to statutes.)

Ineligible Category or Citation

See section 35-3-37(i) for information ineligible for restriction following dismissal or nolle prosequi.

Procedure General

The Georgia Crime Information Center restricts access to the record when it receives notice of case dismissal or nolle prosequi. Ga. Code Ann. § 35-3-37(h).

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.

A 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, licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k).

Waiting Periods

The record is restricted upon dismissal or nolle prosequi.

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