Overview Description

Records relating to a case that has been on the dead docket for more than 12 months can be restricted. Ga. Code Ann. § 35-3-37(j)(3).
(Cannot link directly to statutes.)

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the superior court where the case is pending. For the specific procedure, see Ga. Code Ann. § 35-3-37(j)(3).

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

Waiting Periods

The record is restricted if it has been on the dead docket for 12 months.

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