Hear from what Cobb Defense Attorneys have to say!
Flynn Broady
Georgia no longer uses the word “expungement”, the legal term is now “record restriction.”
Record restriction seals an arrest or case from the public, but law enforcement and courts still have access.
Restriction applies to qualifying arrests, dismissed cases, and certain convictions under Georgia’s “Second Chance Law.”
The goal is to help individuals rebuild their lives without criminal records harming employment, housing, or licensing opportunities.
Cases dismissed, nolle prossed, or acquitted are generally eligible.
First-time offenses handled through First Offender Act or Conditional Discharge may qualify once completed.
Certain non-violent misdemeanor convictions can be restricted after a waiting period under.
Serious violent felonies, DUIs, and sex crimes are usually not eligible for restriction.
For arrests after July 1, 2013, the prosecutor’s office automatically updates eligibility, but the person may still need to request restriction.
For arrests before July 1, 2013, a formal application must be submitted to the arresting agency.
If denied, individuals may appeal through the Georgia Crime Information Center (GCIC).
Once granted, the record becomes inaccessible to employers, landlords, and background check companies.
Record restriction seals the arrest/charge from public background checks.
Record sealing (a separate step) prevents the public from accessing court records but may require a special motion.
Restriction does not destroy the record, it only limits who can see it.
A criminal record can block access to jobs, housing, education, and professional licenses.
Record restriction helps people move forward without being punished for past mistakes.
Proper legal guidance ensures no eligibility mistakes or missed deadlines that could delay the process.
Clearing your record restores opportunities and reduces the stigma of having an arrest history.
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