For many people in Georgia, an old arrest or criminal case can haunt them long after the case has been resolved. Even if the charges were dismissed or resulted in an acquittal, the record of that case may still appear on background checks—affecting employment, housing, and educational opportunities. Fortunately, Georgia law provides a legal mechanism known as “record restriction” to limit public access to certain criminal records. This process, often referred to as “expungement,” is governed by O.C.G.A. § 35-3-37.
Record restriction does not erase or destroy your criminal history. Instead, it limits who can see your record. Once restricted, your record is removed from public view and is only accessible to criminal justice agencies. For private employers and most background check services, the case will no longer be visible.
Eligibility for record restriction in Georgia depends on the outcome of the case and when the arrest occurred. O.C.G.A. § 35-3-37 outlines several categories of eligibility:
- Cases Dismissed, Nolle Prossed, or Acquitted
If your charges were dropped, nolle prossed (the prosecution decided not to proceed), or you were found not guilty, you are generally eligible for record restriction. For arrests occurring after July 1, 2013, the process is automatic for cases dismissed or resulting in acquittal. The clerk of court and prosecutor’s office are responsible for updating the Georgia Crime Information Center (GCIC).
For arrests before July 1, 2013, you must apply for restriction directly through the arresting agency, and the process is not automatic.
- Pre-Trial Diversion or Conditional Discharge
If you successfully completed a pre-trial diversion or conditional discharge program, you may be eligible for record restriction—even if the underlying charge was valid. These cases require court approval, and the prosecutor typically must agree to the restriction. Importantly, successful completion of these programs usually results in dismissal of the charges, making you eligible under the dismissal rules.
- Youthful Offenders
Defendants who were under the age of 21 at the time of their offense may petition the court to restrict certain misdemeanor convictions under specific conditions. The offense must not be a serious traffic violation, sex crime, or other disqualifying charge, and the person must have successfully completed their sentence without further criminal activity. This type of restriction is not automatic and must be granted by the court.
- Pardoned Offenses
If you have received a pardon from the State Board of Pardons and Paroles and can show that the offense is negatively affecting your livelihood, you may petition the court for record restriction. This applies even to certain felony convictions but requires court discretion and proof that restriction is warranted.
What Cases Are Not Eligible for Restriction?
Certain offenses are excluded from eligibility, even if they were dismissed or resulted in a plea agreement. These include:
- Serious violent felonies
- Crimes involving children or the elderly
- Sex offenses requiring registration
- Cases involving obstruction of law enforcement officers in some circumstances
- Convictions involving family violence (in most cases)
In addition, cases that resulted in a conviction (as opposed to dismissal or acquittal) are generally not eligible unless they fall into one of the exception categories described above, such as youthful offenders or pardoned convictions.
How Do You File for Record Restriction?
For cases after July 1, 2013, and eligible for automatic restriction, no formal application is required—but it’s always wise to check with the clerk’s office or your defense attorney to confirm that the record has been properly updated. For cases requiring petition or application, the process generally involves:
- Completing a request form and submitting it to the arresting agency
- Paying any applicable administrative fees
- Getting approval from the prosecutor or court
If the prosecutor objects, you may request a hearing where a judge will decide whether restriction is appropriate.
O.C.G.A. § 35-3-37 offers a lifeline for individuals seeking to move forward after allegations. While not every case qualifies, many people—especially those whose charges were dismissed or resolved favorably—can benefit from this important legal protection. Don’t be punished more than necessary. Understand your rights, and seek representation that will ensure the best outcome is achieved—including a record restriction where applicable.