A criminal record can follow you for life—affecting employment, housing, education, and even relationships. Fortunately, Georgia law provides a ga pot laws for certain individuals to move forward through record restriction, often referred to as “expungement.” Understanding how this process works, who qualifies, and how to apply can open the door to a fresh start.
1. What Is Record Restriction in Georgia?
Georgia no longer uses the term “expungement.” Instead, under O.C.G.A. § 35-3-37, it is called record restriction. The process doesn’t erase your criminal history entirely—it limits who can see it. Once restricted, the record is hidden from public background checks, though law enforcement and some government agencies can still access it.
In other words, record restriction gives you a clean slate in the eyes of most employers, landlords, and schools, while maintaining public safety transparency for official agencies.
2. Who Qualifies for Record Restriction?
Not every offense can be restricted, but many people qualify under Georgia law. You may be eligible if:
Charges were dismissed or not prosecuted (nolle prosequi or dead docketed).
ou were found not guilty at trial.
You completed a pretrial diversion or conditional discharge program.
You were convicted of certain misdemeanors that meet specific conditions.
As of 2021, Georgia’s Second Chance Law expanded eligibility, allowing some misdemeanor convictions—such as shoplifting, drug possession, or minor theft—to be restricted after four years if the individual has no new convictions and meets other requirements.
3. Ineligible Offenses
Some crimes cannot be restricted under any circumstances. These include:
Serious violent felonies (e.g., murder, armed robbery, rape)
Crimes involving children
Sex-related offenses
DUI convictions
Family violence battery (in most cases)
A criminal defense attorney can help you determine whether your specific offense qualifies.
4. Te Record Restriction Process
The process for obtaining record restriction in Georgia depends on where your case was handled and how it ended:
For cases not resulting in conviction – File a request with the arresting agency or prosecutor’s office.
For cases dismissed before July 1, 2013 – The process may require applying through the Georgia Bureau of Investigation (GBI).
Fo misdemeanor convictions eligible under the Second Chance Law – File a petition in the court where you were convicted.
Once approved, your record is restricted in the Georgia Crime Information Center (GCIC) database, removing it from most background checks.
5. Benefits of Record Restriction
A restricted record can have a powerful impact on your life. Benefits include:
Improved employment opportunities
Access to better housing
Eligibility for professional licenses
Restored reputation and peace of mind
In a competitive job market, a clean background can be the difference between rejection and a fresh start.
6. Why You Need a Georgia Criminal Defense Attorney
While the process might seem straightforward, record restriction involves complex legal rules and documentation. A Georgia criminal defense lawyer can review your history, determine eligibility, prepare petitions, and ensure that your record is properly updated. Errors in filing can delay or even prevent approval.
7. Conclusion
Having a criminal record doesn’t have to define your future. Through Georgia’s record restriction laws, you can reclaim control over your personal and professional life. With the guidance of an experienced Georgia criminal defense attorney, you can take the first step toward a clean record and a brighter future.
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