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Expunging or Sealing a Felony in Georgia

Which felony convictions can be expunged or sealed in Georgia, the waiting period, and how to file.

Short answer: Felony conviction restriction rules were not verified for this entry. A person who completes a First Offender Act sentence (including probation, early release by the court, or release from confinement and parole) is exonerated of guilt and discharged as a matter of law, and the record is… O.C.G.A. §§ 35-3-37, 42-8-60, 42-8-63.1; GBI FAQ

Felony convictionsFelony conviction restriction rules were not verified for this entry. A person who completes a First Offender Act sentence (including probation, early release by the court, or release from confinement and parole) is exonerated of guilt and discharged as a matter of law, and the record is treated as sealed, though it may be disclosed for certain employment purposes under § 42-8-63.1.
Whether and when other felony convictions (for example, pardoned felonies) can be restricted under § 35-3-37 was not confirmed; statute text was not read.
How to applyFor arrests on or after July 1, 2013, contact the prosecutor (district attorney or solicitor) to ask for restriction; there is no application form. For arrests before July 1, 2013, complete Section One of the Request to Restrict Arrest Record (one arrest date per form) and submit it to the arresting agency, which completes Section Two and sends it to the prosecutor; the prosecutor approves or denies it in Section Three. If approved and the prosecutor does not enter the restriction directly, send the approved form and the GCIC fee to the Georgia Crime Information Center, Record Restrictions, P.O. Box 370808, Decatur, GA 30037-0808. GCIC sends a letter when the restriction is applied. Review your criminal history first to make sure every charge has a final disposition.
What clearing a record doesA restricted record is available only to judicial officials and criminal justice agencies (for law enforcement or investigations, and for criminal justice employment) and is not released to private persons, businesses, or licensing and regulatory agencies. It is not deleted or destroyed. The court notes the information may still be available through other sources, such as local agencies or private vendors, which GCIC does not control. Immigration authorities may treat restricted records differently.

Where to get help in Georgia

More Georgia expungement & criminal records

FAQ

Can a felony be expunged in Georgia?
Felony conviction restriction rules were not verified for this entry. A person who completes a First Offender Act sentence (including probation, early release by the court, or release from confinement and parole) is exonerated of guilt and discharged as a matter of law, and the record is treated as sealed, though it may be disclosed for certain employment purposes under § 42-8-63.1.
How do you file for expungement in Georgia?
For arrests on or after July 1, 2013, contact the prosecutor (district attorney or solicitor) to ask for restriction; there is no application form. For arrests before July 1, 2013, complete Section One of the Request to Restrict Arrest Record (one arrest date per form) and submit it to the arresting agency, which completes Section Two and sends it to the prosecutor; the prosecutor approves or denies it in Section Three. If approved and the prosecutor does not enter the restriction directly, send the approved form and the GCIC fee to the Georgia Crime Information Center, Record Restrictions, P.O. Box 370808, Decatur, GA 30037-0808. GCIC sends a letter when the restriction is applied. Review your criminal history first to make sure every charge has a final disposition.
What happens after a record is expunged or sealed in Georgia?
A restricted record is available only to judicial officials and criminal justice agencies (for law enforcement or investigations, and for criminal justice employment) and is not released to private persons, businesses, or licensing and regulatory agencies. It is not deleted or destroyed. The court notes the information may still be available through other sources, such as local agencies or private vendors, which GCIC does not control. Immigration authorities may treat restricted records differently.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.