Sealing and Expunging Criminal Records in Georgia

In the state of Georgia, some criminal records are eligible for expungement. However, unlike most states, Georgia expungement laws do not permit the complete removal or erasure of these records; instead, they restrict access to them. As such, the use of the records is often limited to criminal justice purposes only. Sealed records typically remain inaccessible to third parties, including employers and licensing authorities.

The process of expungement in Georgia is known as the Records Restriction process. Georgia state law allows for the restriction of arrest records under certain conditions. However, court records with eligible dispositions may also be restricted. Records of offenses that have a ‘guilty’ disposition do not qualify for restriction. Persons named on the record may request a restriction, the approval of which is generally decided by the District Attorney or the appropriate prosecutor.

The Difference Between Sealing and Expunging Criminal Records

In most states, expungement is the complete removal or erasure of a record. Persons whose records have been expunged are generally treated as if the offense had never been committed. Sealing, on the other hand, restricts access to a record. Sealed records are generally only accessible to authorized persons, such as persons named on the record, their attorneys, and other designated persons, and specific law enforcement agencies.

However, in Georgia, the law provides a single process for record relief, known as the Records Restriction Process. Under O. C. G. A. § 35–3–37, records that have been restricted are typically only accessible to criminal justice agencies. Third parties, such as employers and license boards, typically do not have access to the records. If the request for restriction is approved, persons named on the record may say that the record does not exist.

How to Seal a Criminal Record in Georgia

In Georgia, only records of arrests and non-conviction cases are eligible for restriction. Restriction requests are typically permitted within four years of the arrest, subject to the approval of the prosecuting attorney.

For eligible persons who were arrested after July 1, 2013, no application is required. The prosecutor may approve the restriction at the sentencing. Such persons may also contact the prosecutor directly to request a restriction. The approval is typically listed in the sentencing documents and forwarded to the court for filing. Eligible persons arrested before July 1, 2013, may apply by contacting the Georgia Bureau of Investigation (GBI) or their arresting agencies. Such persons are typically required to complete a request form. The record holder, the arresting agency, and the prosecutor must complete the form.

Upon approval by all parties, the prosecutor may submit the restriction information into the Georgia Crime Information Center (G.C.I.C.) database. When the information is uploaded to the database, the arresting agency is typically notified of the restriction. The record-holder is typically also notified of the restriction by email. A fee of $25 is required.

If the prosecutor cannot submit the information into the G.C.I.C. database, the application is typically returned to the arresting agency. The record-holder may be required to submit the completed form to G. C. I. C. Approved application, and the $25 fee may be mailed to:

Georgia Crime Information Center
Record Restrictions
P.O. Box 370808
Decatur, GA 30037–0808

Application fees may be paid by check or money order and should be payable to the “Georgia Bureau of Investigation”.

What Crimes May Be Expunged in Georgia?

According to Georgia’s Open Records Act, public records are generally available for inspection and copying, except those restricted from public access by state laws or court order. As a result of this, there are only a few crimes eligible for restriction. Restriction requests are granted only under strict conditions.

Georgia’s Record Restriction law (O.C.G.A. § 35 3–37) offers restricted access to records of arrest if:

• The person was released without prosecution
• Upon referral to a prosecuting attorney, the charges against the arrested person are dismissed, and no accusation or indictment is filed.
• The person has not been convicted of the same or a similar offense under state or federal laws in the last five years.
• There are no other criminal charges against the person

Arrest records that may be restricted include photographs and fingerprints documented in connection with the arrest.

Persons charged with felony crimes may apply for restricted access within four years of arrest if:

• The felony charge was dismissed
• The person was found “not guilty” but convicted of a misdemeanor offense
• The misdemeanor was not a lesser offense included with the felony charge

Records of other court dispositions eligible for restriction include:

• Cases that are not presented to the grand jury
• Cases with no record on file
• Cases with no further action anticipated
• Dead docket cases

Georgia law also offers time-expired restrictions for cases where the G.C.I.C. does not receive a final disposition or notice that the case has been referred to a prosecutor:

• For misdemeanors, two years
• For felonies, excluding violent or sexual offenses, four years
• For violent or sexual felony offenses, seven years

Can a Felony be Expunged in Georgia?

The Georgia Second Chance Act permits the expungement of some felonies in the commonwealth, as long as certain conditions are met. This includes nonviolent felonies like shoplifting, theft, and burglary. Nevertheless, violent felonies like rape, murder, and aggravated assault are not eligible for sealing and expungement.

A non-violent felony may be sealed and expunged under the Second Chance Act if they meet the following criteria:

• If the charges were dismissed or the case closed without a guilty verdict (conviction)
• If the individual is a first-time offender.
• If the individual has completed all sentences and fines.
• If the individual has received a pardon.
• The individual has maintained a clean criminal record for 5 years (10 years for sex offenders).

Individuals without a conviction may confirm eligibility by contacting the prosecuting attorney of the county where they were arrested, while ex-convicts, on the other hand, must obtain a pardon from the Georgia State Board of Pardons and Paroles. All petitions must be submitted to the Georgia Crime Investigation Center (GCIC) or the relevant court.

How to Expunge Criminal Records in Georgia

Georgia provides for only one method of record relief, which is Records Restriction. The application process depends on the period of arrest. Individuals arrested prior to July 1, 2013, may apply for restriction by contacting the agency that made the arrest and submitting a written request. The record holder must sign the restriction request form. It must also be approved by the arresting agency and the prosecuting attorney in the record holder’s case. A fee of $25 is required.

Persons arrested after July 1, 2013, may contact the prosecuting attorney in their case directly to apply for a restriction. Alternatively, the prosecutor may approve the restriction at the sentencing. The approval may be included in the sentencing records and forwarded to the court for filing.

Do Sealed Records Show up In Georgia Background Checks?

No, records restricted following state laws (O. C. G. A. § 35–3–37) do not show up in background checks. However, records under time-expired restrictions may be provided to the Federal Bureau of Investigation (F.B.I.) or other states for non-criminal justice uses.

Who may See Sealed Criminal Records in Georgia?

Restricted records are available to criminal justice agencies and judicial officials. Restricted records are only available for employment in criminal justice agencies or criminal investigative purposes.

How may I Get My Record Expunged for Free in Georgia?

The Georgia Crime Investigation Center (GCIC) charges a processing fee on all expungement requests. Notably, the fee may be paid via checks or money orders to the Georgia Bureau of Investigation. Also, preliminary processes like obtaining criminal history records, obtaining pardons, and confirming eligibility may attract fees that vary among processes and agencies. Nonetheless, some nonprofit legal aid agencies in the state offer subsidized rates for some of these processes.

Applicants are advised to have the following information before applying for expungement in Georgia:

• Full name
• Permanent address
• Arresting agency
• Prosecuting attorney
• Date of arrest
• Details of charges or criminal history record

How to Obtain Sealed Records in Georgia

In Georgia, restricted records are generally not available to businesses or private persons. They are only available to judicial and law enforcement officers for criminal justice purposes. Record holders may obtain information about their restricted records by contacting the Georgia Crime Information Center (G. C. I. C.).

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.