Atlanta Expungement Attorneys: GA Record Restriction Lawyers

How Record Restriction Works in Georgia

A criminal record can stop potential employers from hiring you, block financial aid, derail professional licensing, or cost you housing. If you are searching for a record expungement attorney in Georgia, you should know that the state does not offer traditional expungement. Instead, Georgia law provides record restriction.

Day or night, call (404) 567-5515 for a FREE lawyer consultation with a co-author of Georgia’s leading law book on Georgia DUI laws. Our criminal defense law firm answers 24 hours a day.

Record restriction hides a criminal history entry from most private background checks. After restriction, the entry remains visible only to judicial officials, criminal justice agencies, and certain other entities specified in the statute.

Most record restrictions apply to arrests that did not end in a conviction. These include dismissed charges, cases never referred for prosecution, and acquittals. Convictions can only be restricted through a few narrow routes. DUI convictions are especially hard to restrict.

Larry Kohn, Cory Yager, Atlanta DUI lawyer former cop, and NCDD Board Certified DUI lawyer William C. “Bubba” Head at Kohn & Yager LLC offer a free consultation to review whether your record qualifies. They serve DeKalb County, Fulton County, Decatur, and metro Atlanta.

What Georgia Record Restriction Actually Does

Record restriction limits who can see a specific entry on your Georgia Crime Information Center (GCIC) criminal history report. Once restricted, the entry is no longer disclosed to private employers, landlords, licensing boards, or the general public through standard background checks.

But the record does not disappear. Restricted entries remain available to judicial officials and criminal justice agencies for law enforcement and investigative purposes. The statute also lists specific entities that retain access. These include prosecuting attorneys, public defenders, the Judicial Qualifications Commission, and anyone authorized by court order.

Many people miss an important distinction. Restricting your GCIC criminal history entry does not automatically seal the clerk of court's case file. The documents in the court clerk's office remain public records. These include the accusation, indictment, motions, and disposition.

A court must enter a separate sealing order under the statute. Federal required disclosures also continue, regardless of state-level restriction.

A DUI conviction is especially hard to restrict in Georgia. The misdemeanor petition route excludes every serious traffic offense under Article 15 of Chapter 6 of Title 40.

First offender treatment is open to many charges but not for a 1st DUI in Georgia, because the DUI statute says the first offender provisions do not apply to anyone convicted under it. So a first offense DUI cannot be sealed that way, and a nolo contendere plea does not change the result, because a nolo plea to DUI counts as a conviction for sentencing.

For more on how these access rules work for impaired driving cases, see our guide to public DWI records in Georgia.

The practical effect is significant. A routine employment or housing background check should no longer surface a restricted entry. But anyone who knows where to look in the court clerk's records could still find the case file. It must be separately sealed to hide it completely. Georgia's approach is not the national norm, and other states, such as Mississippi, handle old records under their own rules.

Who Qualifies for Record Restriction in Georgia

The primary path to record restriction covers arrests that did not result in a conviction. The following dispositions qualify:

• Case never referred for prosecution and closed by the arresting law enforcement agency, which must notify GCIC within 30 days of that decision
• Case timed out because GCIC received no notice of referral within the required period. For misdemeanors, the period is two years. For most felonies, it is four years. For serious violent felonies and felony sexual offenses involving a victim under 16, it is seven years.
• All charges dismissed, nolle prossed, or reduced to a violation of a local ordinance, before or after indictment or accusation
• Grand jury returned two no bills, or one no bill plus the applicable time period expired
• Successful completion of conditional discharge under Georgia's controlled substances law
• A sentence for underage purchase or possession of alcohol, or for misrepresenting age to get it, where the court ordered restriction at sentencing or the person completed probation
• Successful completion of a drug court, mental health court, or veterans court program followed by dismissal or nolle prosequi
• Acquittal at trial by judge or jury

For arrests after July 1, 2013, GCIC restricts qualifying dispositions automatically. No petition is required. For arrests before July 1, 2013, the individual must submit a written request to the arresting law enforcement agency. The agency forwards the request to the prosecuting attorney, who has 90 days to review it. If the prosecutor does not respond within that period, the law presumes no objection, and the agency restricts the record.

A dismissed or nolle prossed case may remain unrestricted if the prosecuting attorney states one of the specific reasons allowed by statute. One example is that the charge was dismissed as part of a plea agreement on another charge. Another is that the prosecutor was barred from introducing material evidence on legal grounds. An acquittal remains unrestricted only if, within ten days of the verdict, the prosecutor shows by clear and convincing evidence that material evidence was barred on legal grounds, or that the accused had been charged with the same or a similar offense within the previous five years.

Three further routes need a petition rather than automatic restriction. Say your felony charge was dismissed, or you were acquitted of it, but you were convicted of a separate misdemeanor that was not a lesser included offense. You may petition to restrict the felony charge within four years of the arrest. A charge that has sat on the dead docket for more than 12 months is also eligible for such a petition. So may an arrest made on a fugitive from justice warrant.

Restricting a Georgia Conviction: The Narrow Routes

While most record restrictions involve arrests without convictions, Georgia law does allow a few narrow paths to restrict an actual conviction.

Misdemeanor convictions not on the excluded list. A person convicted of a misdemeanor may petition the sentencing court for restriction. The conviction must not appear on the statute's excluded list. The conviction must be a single misdemeanor or a series of misdemeanors from a single incident. The person must have completed the sentence. The person must also have had no convictions in any jurisdiction for at least four years, excluding nonserious traffic offenses. The person must have no pending charges. The court must find that the harm to the individual's privacy clearly outweighs the public interest in keeping the record available. Each person may request restriction on a lifetime maximum of two such misdemeanor convictions.

Pardoned offenses. A person who received a pardon from the State Board of Pardons and Paroles may petition for restriction. The offense must not be a serious violent felony or a sexual offense. The person must have had no convictions in any jurisdiction since the pardon was granted, excluding nonserious traffic offenses, and must have no pending charges.

Trafficking victim convictions. A person convicted of an offense committed while being trafficked may petition the sentencing court for restriction. If the prosecutor consents in writing, or fails to respond within 30 days, the court grants restriction without a hearing and charges no fee for the petition.

Vacated convictions not retried. If a conviction was vacated or reversed, the individual may petition for restriction. The state must not have retried the case within two years.

First Offender sentences. Under the statute on sealing a First Offender record, a defendant may ask the court at sentencing to restrict or seal the first offender record, and the court may order it. After the individual is exonerated of guilt and discharged, he or she may petition that court to seal the file.

A DUI conviction cannot use the First Offender route at all, because the first offender provisions do not apply to anyone convicted of DUI.

When Record Restriction Is Denied or Unavailable

Not every arrest or conviction qualifies for restriction, and even qualifying cases can be blocked.

For dismissed or nolle prossed charges, the prosecuting attorney may prevent automatic restriction by citing one of the specific reasons allowed by statute. These reasons include situations where the charge was dismissed as part of a plea to another offense. Another is that the prosecutor was barred from introducing material evidence on legal grounds, as after a court finds 4th Amendment violations and suppresses the evidence. The prosecutor must affirmatively indicate which of those statutory reasons applies.

For acquittals, restriction proceeds unless the prosecutor makes that ten-day showing, or it is later determined that the acquittal was the result of jury tampering or judicial misconduct. Otherwise an acquittal qualifies for restriction.

For misdemeanor convictions, the court must weigh the competing interests. The judge must find that the harm to the individual's privacy clearly outweighs the public interest. A court can decline to make that finding, and the petition will be denied. A denied petition may be refiled after two years.

Some offenses are categorically ineligible. The excluded list bars restriction for many convictions. These include family violence battery, family violence stalking, sexual battery, child molestation, and theft other than misdemeanor shoplifting or refund fraud. Also excluded are Peeping Tom offenses, crimes involving minors, and all serious traffic offenses. The family violence assault and battery entries do not apply if the person was a youthful offender – under 21 at the time of the arrest. Serious violent felonies and sexual offenses are excluded from the pardon-based route.

If you believe a prosecutor's objection is incorrect, or a court denied your petition, you may have options. For pre-2013 arrests, a denial must cite the reason with specificity in writing, and the statute allows a civil action in superior court to challenge it. For a denied misdemeanor petition, a subsequent petition may be filed after two years. An experienced attorney for expungement and record restriction can review the denial and advise on next steps.

Record Restriction vs. Sealing the Court File

Record restriction and court-file sealing are two separate steps. Many people ask whether they can get their record sealed in Georgia.

Record restriction affects the GCIC criminal history entry. This is the statewide database that feeds into background checks. After restriction, the entry no longer appears in standard background screenings.

The clerk of court's case file is a separate public record. The accusation, motions, and disposition documents remain accessible to anyone who visits the clerk's office or searches online court records. To seal that file, you must petition the court. You must show that the harm to your privacy clearly outweighs the public interest in keeping those records available. A person exonerated of guilt and discharged as a first offender may petition the sentencing court for a separate sealing order.

Both steps may be needed to move a case fully out of public view.

How Atlanta, Decatur, DeKalb and Fulton County Record Restriction Works in Practice

For arrests after July 1, 2013, GCIC should restrict qualifying dispositions automatically. In practice, delays and reporting errors happen. If a client's background check still shows a qualifying dismissed criminal charge or acquittal, pull the individual's GCIC criminal history report first. This identifies what the arresting agency or prosecutor actually reported to the state. Correcting a reporting error often resolves the issue without a court petition.

For arrests before July 1, 2013, the written-request process requires contacting the arresting agency directly. The agency could be the Atlanta Police Department, Decatur Police Department, DeKalb County Police Department, or Fulton County Sheriff's Office. It could also be whichever other agency made the arrest. The agency has 30 days to forward the request to the prosecuting attorney, who then has 90 days to approve or deny. The statute caps the fees for this process at $50.00.

For conviction-track restrictions – such as misdemeanor petitions or First Offender sealing – the petition must be filed in the court where the conviction occurred. In metro Atlanta, options include Fulton County State Court or Superior Court. Options also include DeKalb County State Court or Superior Court. For city violations, the venue is Atlanta Municipal Court. For local charges in Decatur, the venue is Decatur municipal and recorders courts. Each court has its own filing procedures and hearing timelines. The statute requires a hearing within 90 days of filing if one is requested.

Your situation may involve an automatic restriction that never took effect. It may involve a pre-2013 arrest that needs a written request. It may involve a conviction that qualifies under one of the narrow statutory routes. The process starts by understanding exactly what your GCIC report shows. You must also identify which court or agency holds the records.

Talk to an Atlanta Record Restriction Lawyer

Whether your arrest or conviction qualifies for record restriction depends on the specific disposition and the statute's requirements – not just the passage of time. Many people do not realize this. People searching for expungement lawyers near me, for cheap expungement lawyers, or for criminal record expungement usually want the same answer: does my case qualify? The attorneys at Kohn & Yager LLC can review your records and explain your options.

Request a records review during a free consultation. Bring your Atlanta background report to an attorney who can compare it against what the arresting agency reported. A background check lawyer can walk you through what that report shows and the legal process that follows. Contact Kohn & Yager LLC to discuss your situation with an experienced criminal defense attorney. A Georgia record restriction lawyer from our firm handles cases in Atlanta, Decatur, DeKalb County, and Fulton County. Call 404-567-5515. Our phone is answered 24 hours a day. Read what past clients say about working with us on our client reviews and testimonials page.

Frequently Asked Questions

Can I Get My Criminal Record Sealed in Georgia?

Georgia uses "record restriction" rather than traditional expungement. Restriction removes the GCIC criminal history entry from public background checks. However, the clerk of court's case file remains a separate public record. To seal the court file, you must petition the court and show that the privacy harm clearly outweighs the public interest. Both steps may be necessary for full privacy protection.

What Arrests Are Eligible for Record Restriction in Georgia?

Arrests that did not result in a conviction are the primary candidates. Qualifying dispositions include cases never referred for prosecution and closed or timed out. They also include dismissed charges, nolle prossed charges, acquittals, successful completion of conditional discharge or accountability court, and grand jury no bills. For arrests after July 1, 2013, GCIC restricts these automatically. Pre-2013 arrests require a written request to the arresting agency.

Can a DUI Conviction Be Restricted or Expunged in Georgia?

A DUI conviction is especially hard to restrict in Georgia. The misdemeanor petition route excludes every serious traffic offense under Article 15 of Chapter 6 of Title 40. First offender treatment is closed to DUI, because the DUI statute says the first offender provisions do not apply to anyone convicted under it. A nolo contendere plea does not change the result, because a nolo plea to DUI counts as a conviction for sentencing.

How Long Does Georgia Record Restriction Take After a Dismissed Case?

For arrests after July 1, 2013, GCIC should restrict the record automatically after a qualifying dismissal. Once GCIC restricts a record, it must notify the arresting agency within 30 days, and that agency must restrict its own records within 30 days. In practice, delays can occur. If your dismissed charge still appears on a background check, pull your GCIC report to check the reported disposition. This is the first step toward resolving the issue.

Does Record Restriction Remove My Case From the Fulton or DeKalb County Court File?

Record restriction affects only the GCIC criminal history database. The clerk of court's case file in Fulton County or DeKalb County remains a public record. To seal the court file, you must file a separate petition. You must show that the privacy harm clearly outweighs the public interest in keeping those records available.