Records relating to an arrest resulting in an acquittal are restricted by the Georgia Crime Information Center, unless the prosecuting attorney demonstrates to the trial court that the harm inflicted upon the individual is clearly outweighed by the public interest in the records being publicly available. Ga. Code Ann. § 35-3-37(h)(2)(E).
(Cannot link directly to statutes.)
Ineligible Category or Citation
See sections 35-3-37(i)(2) and (3) for information ineligible for restriction following acquittal.
The Georgia Crime Information Center restricts access to the record when it receives notice of acquittal unless, within 10 days of the verdict, the prosecuting attorney demonstrates to the trial court that the record should remain public. Ga. Code Ann. § 35-3-37(h)(2)(E).
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.
There is no statutory language regarding 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, licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k).