Georgia Expungement & Record Sealing Guide

Who Qualifies for Expungement in Georgia?

Georgia uses "record restriction" rather than expungement — records are hidden from public view but not destroyed. Eligibility is largely limited to non-convictions and special circumstances.

Non-Convictions (Dismissals, Acquittals, Nolle Prosse)

• Arrests after July 1, 2013: Automatic restriction for cases dismissed, nolle prossed, or resulting in acquittal. The clerk and prosecutor's office update the Georgia Crime Information Center (GCIC) automatically.
• Arrests before July 1, 2013: Must apply for restriction directly through the arresting agency — not automatic.

First Offender Act (O.C.G.A. § 42-8-60)

If you were sentenced under Georgia's First Offender Act and successfully completed all conditions, you may be eligible for discharge and restriction. This is one of the few paths to clearing a conviction in Georgia:

• Must have been sentenced as a First Offender (entered at sentencing — cannot be applied retroactively to most cases)
• Must have successfully completed probation or any sentence
• The discharge exoneration is not available for serious violent felonies or certain sex offenses

Pre-Trial Diversion / Conditional Discharge

Successful completion of a pre-trial diversion or conditional discharge program typically results in case dismissal, making you eligible for record restriction under the dismissal rules above.

Youthful Offenders (Under 21 at Time of Offense)

May petition to restrict certain misdemeanor convictions if sentence was completed without further criminal activity. Not automatic — requires court approval.

Pardoned Offenses

If you received a pardon from the State Board of Pardons and Paroles, you may petition to restrict even some felony convictions. Requires court discretion and proof of negative impact on livelihood.

Not Eligible

• Serious violent felony convictions (without pardon)
• Sex offenses requiring registration
• Crimes against children or the elderly
• Family violence convictions
• Most standard misdemeanor and felony convictions not covered by the First Offender Act

Step-by-Step: How to Clear Your Record in Georgia

Automatic Restriction (Post-July 2013 Non-Convictions)

No action required for dismissed cases after July 1, 2013. Verify your record in the Georgia Felon Search or via a background check 90 days after case conclusion. If not updated, contact the arresting agency or the clerk of court.

Pre-July 2013 Non-Convictions

1. Submit a written application to the arresting law enforcement agency requesting record restriction.
2. The agency reviews and approves or denies the request.
3. If approved, the Georgia Crime Information Center (GCIC) is updated.

First Offender Act Discharge / Other Petitions

1. File a petition with the court that handled your case.
2. The court reviews your sentence completion and compliance.
3. If granted, the court issues a discharge order and GCIC is updated.

Waiting Periods

• Non-convictions (post-July 2013): Automatic — no waiting period
• Non-convictions (pre-July 2013): May apply after case conclusion
• First Offender Act: After successful sentence completion
• Youthful offender misdemeanor: After sentence completion, with clean record

Costs

• Automatic restriction (post-2013 non-convictions): Free
• Application fee (pre-2013 cases): ~$25 to the arresting agency
• Court petition fee: $25–$75 depending on court
• Attorney fees: $500–$2,000 for petition-based cases

Georgia Justice Project (gjp.org) provides free legal assistance for record restriction in Georgia.

What Record Clearing Does (and Doesn't) Do in Georgia

After a successful expungement or sealing in Georgia, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Georgia for advice specific to your situation.