Georgia Expungement
Georgia Record Restriction: Limit Who Can See Your Arrest History
Georgia does not use the term "expungement" — instead, the law provides for "record restriction" under O.C.G.A. § 35-3-37, which limits the disclosure of eligible arrest and conviction records to the general public while preserving access for criminal justice agencies. Understanding exactly which records qualify and which are permanently visible is essential before beginning the process.
Who Qualifies in Georgia
Eligibility Requirements
Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.
Your arrest record is eligible for restriction if charges were dismissed, nolle prossed, or the case was dead-docketed and at least two years have passed without re-indictment, provided the offense was not a serious violent felony.
If you were acquitted at trial, your arrest record is eligible for restriction regardless of the offense level, and the process may proceed immediately after the verdict.
Arrests that did not result in charges being filed (no-billed by a grand jury or declined by the prosecutor) are eligible for restriction after the applicable waiting period has elapsed.
Certain first-offender cases resolved under the Georgia First Offender Act (O.C.G.A. § 42-8-60 et seq.) may be eligible for record restriction upon successful discharge, treating the conviction as if it had not occurred for most purposes.
You must not have been convicted of a "serious violent felony" as defined in O.C.G.A. § 17-10-6.1, which includes murder, rape, armed robbery, kidnapping, aggravated child molestation, and aggravated sexual battery.
Each conviction carries a separate eligibility analysis; even if one charge from an arrest is restricted, other charges from the same incident that resulted in conviction may remain visible.
Important exceptions: Felony convictions that went to trial or resulted in a guilty plea are generally not eligible for record restriction in Georgia. Serious violent felonies as defined in O.C.G.A. § 17-10-6.1 are categorically excluded. Crimes against minors, sexual offenses, and family violence offenses carry heightened restrictions on eligibility. Georgia's record restriction does not destroy the underlying record — it restricts public access while preserving the record for all criminal justice purposes, including use at sentencing in any future prosecution.
How It Works
The Georgia Process
We conduct a thorough review of your Georgia Crime Information Center (GCIC) report, identify every arrest and disposition, and determine which records meet the statutory criteria for restriction under O.C.G.A. § 35-3-37, including confirming that no disqualifying offenses are present.
We prepare and submit the petition for record restriction to the prosecuting attorney's office in the county where the arrest occurred; the prosecutor reviews the request and, if no objection is filed within 90 days, restriction is typically granted and submitted to GCIC for processing.
Once GCIC updates the record as restricted, your arrest history will no longer appear on public background checks conducted through Georgia's official criminal history system, though law enforcement agencies, courts, and prosecutors retain full access to the complete history.
Typical Timeframe
3–6 Months
Legal Reference
Governing Statute
The primary legal authority governing expungement in Georgia is O.C.G.A. § 35-3-37 (Record Restriction); O.C.G.A. § 42-8-60 et seq. (First Offender Act). This page was last reviewed on January 15, 2025.
State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Georgia for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.
Related Reading
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About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
Results disclosure
Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
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