A criminal record can follow a person for years, affecting their ability to secure jobs, housing, and professional licenses. In Georgia, the process of expungement, also called record restriction, helps eligible individuals limit access to certain criminal records. While this does not completely erase the record, it hides it from the public view, giving people a chance to move forward.

Here is a closer look at how expungement works in Georgia and who qualifies.

What Is Expungement?

In Georgia, expungement refers to restricting or sealing criminal records so they no longer appear in background checks conducted by employers, landlords, or licensing boards. While the record remains accessible to law enforcement and judicial agencies, it no longer creates barriers in many aspects of daily life.

The process varies based on when the arrest occurred:

  • Before July 1, 2013: You must request expungement through the arresting agency.
  • On or After July 1, 2013: Requests are handled by the prosecuting attorney’s office.

Who Qualifies for Expungement?

Not everyone is eligible for expungement in Georgia. Eligibility depends on the outcome of the case and the type of offense. Here are the basic guidelines:

  1. Cases Not Resulting in Conviction: If charges were dropped, dismissed, or resulted in acquittal, you might qualify. In addition, a “Request to Restrict Arrest Record” form and supporting documents must be submitted.
  2. Misdemeanor Convictions: Under SB 288, certain misdemeanors can be restricted four years after completing the sentence. Exclusions include traffic offenses (e.g., DUI), family violence battery, and sexual crimes.
  3. Felony Convictions: A pardon is required before petitioning for restriction. However, crimes like murder, armed robbery, and sexual offenses are not eligible.

Steps to Apply for Expungement

The process includes:

  • Gathering criminal history and court documents.
  • Filing the appropriate form with the arresting agency or prosecuting attorney.
  • Paying fees (up to $50 for agency processing and additional charges for state database updates).
  • Awaiting approval or filing an appeal if denied.

A Path Toward a Brighter Future

Expungement provides a second chance for many individuals, helping them reclaim opportunities previously out of reach. If you are ready to explore whether you qualify for expungement in Georgia, contact The Williams Litigation Group to discuss your legal options today.