Record Restriction and Expungement in Georgia

Georgia replaced traditional expungement with the record-restriction framework set out in O.C.G.A. § 35-3-37 and related provisions. The statute has been substantially expanded in recent years, including by the Second Chance Act amendments of 2020 that created, for the first time, a post-conviction restriction remedy for certain qualifying misdemeanors. The distinctions among arrest restriction, conviction restriction, and judicial sealing are meaningful, and so are the categories of access that survive each.

I · VocabularyRestriction, sealing, expungement

Georgia does not "expunge" criminal records in the colloquial sense of destruction. It restricts the record from inclusion on criminal-history reports available to private parties, and where authorized, the court seals the underlying court records, removing them from public access. Law enforcement, certain licensing agencies, and other categorically defined users retain access even after restriction and sealing.

II · Arrests Not Resulting in ConvictionThe administrative path

Most arrests that did not result in a conviction are eligible for restriction. The categories typically include:

• Cases dismissed by the prosecution.
• Cases on which a nolle prosequi was entered.
• Acquittals after trial.
• Cases dead-docketed beyond the period defined by statute (typically twelve months).
• Cases referred to and successfully completed in pretrial diversion or accountability courts where the program's enabling statute provides for restriction.

For most of these categories, restriction is administrative — a request to the arresting agency under § 35-3-37(h). Certain categories require a judicial petition, particularly where the case was previously prosecuted in Superior Court or where the agency declines to restrict.

III · Post-Conviction RestrictionMisdemeanors after January 1, 2021

Effective January 1, 2021, certain misdemeanor convictions became eligible for restriction and judicial sealing after a defined waiting period without further criminal activity. The framework, often referenced as Second Chance restriction, is narrower than many petitioners assume. The categorical exclusions are significant:

• DUI offenses
• Family violence battery and related family violence offenses
• Sex offenses, including misdemeanor sexual battery
• Offenses against minors
• Certain serious traffic offenses
• Convictions for which restriction has previously been granted

The petitioner must demonstrate that restriction is in the public interest and that no further criminal activity has occurred during the waiting period. The State may oppose; the court holds a hearing where contested.

IV · Felony Pardon and RestorationWhere restriction is not available

Felony convictions are generally not eligible for restriction under the current statutory scheme. The available remedies are narrower: a pardon from the State Board of Pardons and Paroles, restoration of civil and political rights, and in limited contexts, sealing under specific statutory authority. Restoration of firearm rights at the state level remains complex and does not, by itself, resolve federal disability under 18 U.S.C. § 922(g).

V · What Sealing Actually DoesAnd what it does not

Restriction removes the record from criminal-history reports accessible to private parties. Sealing extends that protection to court records, removing them from the public court file. Even after both, the record remains accessible to:

• Law enforcement agencies
• Prosecuting attorneys
• Certain licensing agencies whose statutes authorize access
• Courts for purposes including sentencing in subsequent cases
• Federal agencies operating outside the state framework

Private background-check services that purchased data prior to restriction may continue to display the record absent affirmative steps to compel correction under the Fair Credit Reporting Act and state consumer-reporting laws.

VI · The Practical ProcessForms, evidence, and timing

Restriction requests are document-driven. The application typically requires the certified disposition, the original accusation or indictment, the booking record, and where applicable, documentation of the underlying basis for restriction (the dismissal order, the not-guilty verdict, the diversion completion certificate). The arresting agency responds in writing. Judicial petitions are filed with the court that handled the case, served on the prosecuting attorney, and resolved by order after hearing where contested.

Errors at the application stage produce unnecessary delays. Many denials are procedural rather than substantive.

Restriction is not a clean slate. It is a defined remedy with defined limits, and the value it delivers is the value of understanding both.

Related reading: Felony vs. Misdemeanor in Georgia and Contact to discuss eligibility in a specific matter.

This article is general information and not legal advice. Prior results do not guarantee a similar outcome.