Overview Description

Records relating to an arrest that did not result in conviction occurring before July 1, 2013 can be restricted by the arresting law enforcement agency if the request meets the criteria set forth in section 35-3-37(h). Ga. Code Ann. § 35-3-37(n).
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Ineligible Category or Citation

The request to restrict the record must comply with subsection (h). O.C.G.A. § 35-3-37(n)(2).

Procedure General

 

A written request must be submitted to the arresting law enforcement agency. The arresting agency provides a copy of the request to the prosecuting attorney. For the specific procedure, see Ga. Code Ann. § 35-3-37(n).

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 county or municipal 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).

Forms

The application to expunge records In Georgia regarding arrests that occurred prior to July 1, 2013 is here.

Waiting Periods

The written request can be submitted at any time.

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