Expungement

Record Restriction in DeKalb County

Many people believe a criminal charge will follow them forever. Georgia law allows certain records to be restricted. In some cases, even misdemeanor convictions can be restricted so private background checks no longer show them. Georgia replaced the term "expungement" with "record restriction" in 2013. The goal stays the same: limiting who can see your past. A DeKalb County expungement lawyer can tell you which rule applies to your case.

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Record restriction has limits. Under Georgia law, record restriction removes your record from background checks outside the criminal justice system. Private employers, landlords, and licensing agencies will not see it. However, the clerk of court's file stays publicly accessible unless a judge separately seals it under subsection (m). A DeKalb County expungement lawyer can review your case, work out which path applies, and guide you through it.

If you think you may qualify for record restriction, contact Kohn & Yager LLC for a free review.

Record Restriction vs. Expungement in Georgia

Since July 1, 2013, Georgia no longer uses the term "expungement." The process is now called record restriction. Anyone searching for an expungement attorney near me in Georgia will find the legal tool has changed. Relief is still there.

For qualifying arrests on or after July 1, 2013, where the case ended in a non-conviction disposition, the Georgia Crime Information Center restricts the record on its own under subsection (h). A non-conviction disposition includes a dismissal, nolle prosequi, or acquittal. No application is required. These dispositions carry no waiting period, subject to the exceptions in subsection (i): a dismissal that came from a plea agreement on a charge arising from the same incident is not restricted. When a felony charge was dismissed but the person was convicted of a misdemeanor that was not a lesser included offense, subsection (j)(1) allows a petition within four years of the arrest.

For arrests before July 1, 2013, the process differs. The person must submit a written request to the arresting agency. That agency forwards it to the prosecutor for review under subsection (n). The statutory fee for this process is capped at $50.

When a case was never referred to a prosecutor, waiting periods apply before automatic restriction. Misdemeanors require two years from the date of arrest. Most felonies require four years. Serious violent felonies and felony sexual offenses involving a victim under 16 require seven years. These waiting periods are set by subsection (h).

How the Process Works, Step by Step

The steps depend on which path fits your case.

Post-July 1, 2013 non-conviction dispositions. The Georgia Crime Information Center restricts these records on its own under subsection (h). No filing is required. A lawyer can check that it happened. Your lawyer can petition to correct the record if it was not properly updated.

Pre-July 1, 2013 arrests. You must submit a written request to the arresting agency. In DeKalb County, this is typically the DeKalb County Police Department records division or the relevant municipal agency. The prosecutor reviews the request within 90 days. If the prosecutor does not respond within that period, the law presumes no objection. The statutory fee is capped at $50 under subsection (n). Local agency practice may affect timing.

Misdemeanor conviction restriction. This requires a petition filed in the court where the conviction occurred. You must serve it on the prosecuting attorney. If either side requests a hearing, it must be held within 90 days after the petition is filed, under subsection (j)(4)(A).

Sealing the court file. Restriction alone does not seal the clerk's records. A separate petition under subsection (m) asks the judge to find that privacy concerns clearly outweigh the public interest in keeping the file open. This is an extra step many people miss.

Which Convictions Can and Cannot Be Restricted

Under Georgia law, a person may petition to restrict a misdemeanor conviction. This covers one misdemeanor or a series of misdemeanors arising from a single incident. All of the following must be true:

• The conviction is not for an offense listed in subsection (j)(4)(B)
• The person has completed the full sentence
• The person has no pending charged offenses
• The person has had no conviction in any jurisdiction for at least four years before filing, excluding nonserious traffic offenses

There is no age limit on this pathway. The lifetime cap is two conviction restrictions under subsection (j)(4)(C). The petition is filed in the convicting court and served on the prosecutor. A hearing is available on request.

Subsection (j)(4)(B) lists the convictions that cannot be restricted through this pathway. They include:

• DUI, reckless driving, and other serious traffic offenses under Article 15 of Chapter 6 of Title 40
• Family violence offenses, unless the person was under 21 at arrest in a simple assault, simple battery, or battery case
• Sexual offenses, including sexual battery
• Offenses against minors
• Obstructing or hindering a person making an emergency telephone call
• Theft convictions, except misdemeanor shoplifting or refund fraud
• Peeping Tom violations

This list is detailed. Two narrow routes sit outside it: subsection (j)(6) covers an offense committed while the person was a victim of trafficking, and subsection (j)(7) covers a conviction the State Board of Pardons and Paroles has pardoned. A criminal record expungement lawyer can review your specific conviction. Your lawyer can tell you whether it falls in an excluded group.

What Record Restriction Does and Does Not Do

Record restriction limits access to your state criminal history record. It does not erase the record entirely.

Once restricted, subsection (a)(6) leaves the record available only to judicial officials and criminal justice agencies for law enforcement, investigative, or criminal justice employment purposes. Private employers, landlords, and licensing agencies will not see it on a state background check.

The clerk of court's file stays open to the public unless a judge separately orders it sealed under subsection (m). Under subsection (u), a restricted record may still disqualify a person from certain school, child care, elder care, and law enforcement jobs, on the same terms that apply to a first offender discharge. Restriction also does not override any disclosure that federal law requires, including disclosures required of financial institutions.

Nothing in the statute gives a person the right to deny that the arrest or charge occurred, and subsection (o) creates no right that can be raised as a defense in a criminal case. Setting these expectations before filing matters.

Speak With a DeKalb County Expungement Lawyer

A criminal record can affect job applications, housing, professional licenses, and security clearances. Whether you want an old charge kept off private background checks or simply want to move on, record restriction may help.

At Kohn & Yager LLC, our attorneys focus on criminal defense in DeKalb County. We know the local agencies and courts involved in the restriction process. A consultation starts with your arrest and disposition. We confirm whether the Georgia Crime Information Center has already restricted the record. We check whether a petition for misdemeanor conviction restriction can be filed. We determine whether a separate petition to seal the clerk's file under subsection (m) is warranted.

Every case is different. It depends on the offense, the disposition, and your history. Contact a skilled defense attorney at Kohn & Yager LLC today to find out whether record restriction is an option for you.

Frequently Asked Questions

Is Expungement Still Available in Georgia?

Georgia replaced expungement with record restriction in 2013. The practical effect is similar – qualifying records are removed from state background checks available to private parties. The process is governed by Georgia law.

Can a Misdemeanor Conviction Be Restricted in DeKalb County?

Yes, under certain conditions. The conviction must not be for an excluded offense. The sentence must be complete. There must be no pending charges. The person must have no convictions in any jurisdiction for at least four years, excluding nonserious traffic offenses. A petition is filed in the convicting court. The lifetime cap is two conviction restrictions.

Can a DUI or Reckless Driving Conviction Be Restricted in Georgia?

No, not through misdemeanor conviction restriction. DUI and reckless driving are serious traffic offenses under Article 15 of Chapter 6 of Title 40, which subsection (j)(4)(B) excludes.

Does Record Restriction Also Seal the Court File?

No. Restriction limits the state criminal history record. The clerk of court's file stays publicly accessible. Sealing requires a separate petition to the court under subsection (m). A judge must find that privacy concerns clearly outweigh public interest.

How Long Does Record Restriction Take in DeKalb County?

Timelines vary. Post-2013 non-conviction dispositions are restricted automatically by the Georgia Crime Information Center. Pre-2013 arrests require a written request, prosecutor review within 90 days, and agency processing. Conviction restriction petitions require court filing and a possible hearing within 90 days. Local agency practices in DeKalb County may affect overall timing.