Georgia

Adult criminal records for cases in which you were convicted are eligible for restriction and sealing in some situations.   If your conviction was vacated or reversed and the prosecutor does not retry the case within two years, the record can be restricted. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed in addition to sending a written request to the jail or detention center to have the jail or detention records restricted. It is up to the judge whether or not to grant your petition for sealing, but if you meet the criteria, the jail or detention center has to grant your request for restriction.

  If you were convicted of a misdemeanor as a youthful offender, the record can be restricted five years after you complete your sentence, so long as you are not arrested for anything other than a non-serious traffic offense during that time.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed in addition to sending a written request to the jail or detention center to have the jail or detention records restricted. It is up to the judge whether or not to grant your petition for sealing, but if you meet the criteria, the jail or detention center has to grant your request for restriction.

  If the judge retroactively discharges you because you were previously eligible for first-offender sentencing but were never told, the record can be restricted.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed in addition to sending a written request to the jail or detention center to have the jail or detention records restricted. It is up to the judge whether or not to grant your petition for sealing, but if you meet the criteria, the jail or detention center has to grant your request for restriction.

Adult criminal records for a case in which you completed a diversion or deferral program are eligible for restriction and sealing.   If you successfully completed probation as part of deferred adjudication in a case related to underage possession or purchase of alcohol, the record should be automatically restricted.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed in addition to sending a written request to the jail or detention center to have the jail or detention records restricted. It is up to the judge whether or not to grant your petition for sealing, but if you meet the criteria, the jail or detention center has to grant your request for restriction.

  If you successfully completed a drug court, mental health, or veterans’ treatment program, the record should be automatically restricted.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed in addition to sending a written request to the jail or detention center to have the jail or detention records restricted. It is up to the judge whether or not to grant your petition for sealing, but if you meet the criteria, the jail or detention center has to grant your request for restriction.

  If you successfully completed probation after deferred adjudication in a case related to your first drug possession or related property crime charge, the record should be automatically restricted.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed in addition to sending a written request to the jail or detention center to have the jail or detention records restricted. It is up to the judge whether or not to grant your petition for sealing, but if you meet the criteria, the jail or detention center has to grant your request for restriction.

  With certain exceptions, if you received first-offender sentencing, successfully completed your sentence, and were discharged, the record should be automatically restricted.

• Once your GCIC record is restricted, you have to file a petition in court to have the court records sealed. It is up to the judge whether or not to grant your petition.

Adult criminal records for arrests for which you were never convicted are eligible for restriction and sealing.  

• If you were arrested but the police closed the case because the prosecutor never filed charges or the grand jury did not indict you, the record should be restricted within 30 days of the case being closed.

 

• If you were arrested for a misdemeanor or aggravated misdemeanor but the prosecutor did not file charges or the grand jury did not indict you, the record should be restricted two years after the arrest.

 

• If you were arrested for a felony other than a serious violent felony or a sexual felony against a person under 16 but the prosecutor did not file charges or the grand jury did not indict you, the record should be restricted four years after the arrest.

 

• If you were arrested for a serious violent felony or a sexual felony against a person under 16 but the prosecutor did not file charges or the grand jury did not indict you, the record should be restricted seven years after the arrest.

 

• If you were arrested but all charges were dismissed or nolle prossed, the record should be restricted immediately, so long as certain conditions are met.

 

• If you were arrested, charged, and acquitted, the record should be restricted immediately, unless the prosecuting attorney objects.

 

• If your case has been on the “dead docket” for one year, the record can be restricted. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

 

• If you were charged with a felony and a misdemeanor and you were convicted of a misdemeanor but not a felony, the record of the felony charge can be restricted within four years of the arrest. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

 

• If you were arrested but not convicted before July 1, 2013, the law enforcement record can be restricted. You have to submit a written request to the law enforcement agency that arrested you to start the process, and it is up to the agency whether or not to grant your request.

Below is a general overview of when juvenile records can be sealed in Georgia. Please note that the Clean Slate Clearinghouse does not provide legal advice. Read the legal policies and statutes for detailed statutory information. Juvenile Record Clearance Policies Overview Most juvenile records can be sealed.

• If you were adjudicated (found guilty) of a juvenile offense, your record can be sealed two years after your discharge. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

 

• If you have a juvenile record for a sex-related offense because you were a victim of human trafficking, your record can be sealed at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

 

• If you successfully complete informal adjustment, mediation, or another non-adjudicatory procedure, your record should be sealed immediately. This should be done automatically; you should not have to do anything to get the record sealed.

 

• If you were charged with a juvenile offense but the court dismissed the charges, your record should be sealed immediately. This should be done automatically; you should not have to do anything to get the record sealed.

  If you have certain convictions or adjudications on your record, you may not be eligible to have your record sealed.   Find a Lawyer If you think you might be eligible to have your record sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.   Court Forms and Resources If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.