Georgia doesn’t offer true expungement, but you can restrict your arrest record from public view through a process called record restriction. If your case ended in a dismissal, acquittal, or another non-conviction outcome, you may qualify to have it removed from standard background checks. Violent felonies, sex offenses, and DUI convictions typically disqualify you. Understanding how to remove an arrest record in Georgia and the steps you’ll need to take depend on whether your arrest occurred before or after 2013, and there’s more to understand before you begin.
What Does It Mean to Remove an Arrest Record in Georgia?
When most people talk about removing an arrest record in Georgia, they’re actually referring to a legal process called record restriction, not expungement. Georgia doesn’t destroy criminal records, so true expungement isn’t available. The georgia record restriction process seals your arrest information from public access, preventing employers, landlords, and private background check companies from viewing it.
However, to clear arrest record georgia completely, restriction alone isn’t enough, you’ll also need sealing. Restriction removes the record from official criminal history reports, but court files remain publicly accessible. Sealing requires a separate court order and eliminates public access to both arrest and court records.
Understanding this distinction is essential before pursuing georgia arrest record removal, as each step involves different legal requirements and outcomes. Notably, law enforcement agencies and certain government offices retain the ability to access records even after restriction has been granted.
Who Qualifies for Georgia Record Restriction?
Georgia law sets specific eligibility criteria that determine whether you can restrict an arrest record, and not every arrest qualifies. Your eligibility depends largely on how your case was resolved, whether you’ve completed all sentence requirements, and how much time has passed since the arrest or disposition. Certain offense categories, including family violence, sexual offenses, DUI, and most felonies, disqualify you from restriction regardless of other circumstances. Under Senate Bill 288, eligible misdemeanor convictions may qualify for restriction after four years with no new offenses on your record.
Basic Eligibility Requirements
Not every arrest qualifies for record restriction in Georgia, so understanding the eligibility requirements before filing a request is essential. To remove an arrest record in Georgia, your case must have ended in a qualifying resolution, such as acquittal, dismissal, nolle prosequi, or completion of a pretrial diversion program. If you’re pursuing record restriction in Georgia based on a misdemeanor conviction, you must have completed your full sentence, faced no new convictions for at least four years, and have no pending charges. Felonies are generally ineligible unless you qualify under Retro-Active First Offender status. Additionally, all charges within the same case must independently qualify, partial restriction isn’t permitted. Knowing where your case falls within these categories determines which pathway applies to your situation. Serious crimes, including violent felonies and certain sexual offenses, are often exempt from record restriction regardless of how the case was resolved.
Disqualifying Criminal Offenses
Even if your arrest record would otherwise qualify for restriction, certain offenses permanently disqualify you from the process. Georgia law bars restriction for specific misdemeanors, including family violence simple assault and battery, family violence stalking, child molestation, public indecency, and sexual battery.
Felony disqualifications are equally strict. Violent felonies like murder and armed robbery, sexual offenses including rape and sexual battery, and crimes against minors are all ineligible for restriction.
Beyond offense type, guilty resolution disqualifiers can also bar you. These include convictions for ineligible misdemeanors, failure to complete sentence terms, any criminal conviction within four years excluding non-serious traffic offenses, pending charges, and multiple convictions stemming from a single incident. Understanding where your offense falls within these categories is critical before pursuing restriction.
Which Arrests Cannot Be Expunged in Georgia?
Certain arrests and convictions in Georgia aren’t eligible for record restriction, regardless of how much time has passed or whether you’ve completed your sentence.
| Category | Offense | Eligible? |
|---|---|---|
| Violent Felonies | Murder, Armed Robbery, Kidnapping | ❌ No |
| Sexual Offenses | Rape, Child Pornography, Sexual Battery | ❌ No |
| DUI & Traffic | DUI Convictions, Serious Traffic Offenses | ❌ No |
| Family Violence | Manslaughter, Violent Misdemeanors | ❌ No |
| Case Limitations | Multiple Convictions, Plea-Based Dismissals | ❌ No |
These exclusions apply even if you received a pardon. Georgia’s First Offender Act also excludes violent felonies, sex offenses, and DUI charges. If your arrest falls into any of these categories, consulting a criminal defense attorney can help you understand your remaining legal options.
How to Restrict a Pre-2013 Georgia Arrest Record
To restrict a pre-2013 Georgia arrest record, you’ll need to obtain a three-section Request to Restrict Arrest Record form, which captures one date of arrest per submission, though you can include multiple charges from the same arrest. You must submit the completed Section One to the arresting agency, which will complete Section Two, potentially charge a processing fee of up to $50.00, and forward the entire form to the prosecutor for a final decision. The prosecutor then completes Section Three, determining approval or denial, and their written authorization is required before the restriction process can move forward.
Gathering Required Application Forms
Restricting a pre-2013 Georgia arrest record begins with obtaining the correct application form. You’ll need the Request to Restrict Arrest Record form, which is downloadable from the GBI website and includes instructions on page one. The form covers one arrest date per submission, though multiple charges from that date are permitted. It’s used statewide, so agencies like the Paulding County Sheriff’s Office accept it as the standard document.
Some counties require additional paperwork alongside the main form. Paulding County requires a separate consent form, Fulton County requires a final disposition copy, and Glynn County requires a Criminal History Consent and Inquiry form. Check with your arresting agency before submitting to confirm which documents apply to your case, since missing paperwork will result in your application being returned unprocessed.
Navigating Agency And Prosecutor Steps
Once you’ve gathered the required forms, the restriction process moves through three distinct stages: the arresting agency, the prosecutor’s office, and the Georgia Crime Information Center (GCIC). You’ll complete Section 1 of the request form, then submit it to the arresting agency, which completes Section 2 and may charge a processing fee up to $50. The agency then forwards the completed packet to the prosecutor.
The prosecutor reviews the submission and completes Section 3, either approving or denying your request. Approval confirms eligibility based on factors like dismissal, non-prosecution, no pending charges, and no similar convictions within the prior five years. Upon approval, the prosecutor forwards the form and fee to GCIC, which processes the restriction and updates your criminal history record accordingly.
How to Restrict a Post-2013 Georgia Arrest Record
If your arrest occurred on or after July 1, 2013, you’ll need to reach out to the prosecuting attorney’s office directly, no application through the arresting agency is required. The prosecutor has 90 days to approve or deny your request and must notify both you and the arresting agency of their decision.
Your case qualifies if it ended without a conviction, through dismissal, nolle prosequi, dead docket, or similar non-conviction closure. Certain misdemeanors also qualify under O.C.G.A. §35-3-37. Once approved, GCIC updates the record to restrict non-criminal justice access. If restriction occurs at sentencing, it’s noted directly in the sentencing documentation.
Expect potential fees up to $50. Even in automatic qualifying cases, follow up with the prosecutor’s office to confirm the restriction was properly processed.
How to Pull Your Georgia Criminal History From the GBI
Before submitting a restriction request or verifying that one was properly processed, you’ll want to know exactly what’s on your Georgia criminal history record. The GBI maintains this data through the Georgia Crime Information Center, and you can request a copy by scheduling an appointment through local law enforcement at 404-244-2639, option 1. Same-day appointments aren’t available.
Your record will display case numbers, jurisdictions, offense dates, charge classifications, dispositions, and sentencing details. For fingerprint-based checks, visit fieldprintgeorgia.com/individuals, select Schedule Appointment, and enter your personal information. You’ll receive an email to finalize your appointment. Results appear on the GAPS website within 24 to 48 hours after submission. If anything appears inaccurate, you can dispute the record directly through the GBI’s website before any employment decision is made.
How to Remove a Felony Arrest Record in Georgia
Felony arrest records in Georgia fall into two categories: non-conviction charges and conviction-based records, each with distinct removal pathways. If your felony charge was dismissed, acquitted, nolle prossed, or dead docketed for 12 consecutive months without formal accusation, you’re eligible to petition for record restriction and sealing.
Conviction-based felony records face stricter standards. Standard felony convictions aren’t eligible for restriction. However, you may qualify if you completed a sentence under the First Offender Act, received a retroactive First Offender designation under O.C.G.A. § 42-8-66, obtained a pardon from the State Board of Pardons and Paroles, or qualify as a trafficking victim. Because eligibility requirements carry detailed statutory conditions, working with a criminal defense attorney substantially reduces the risk of filing errors or missing qualification criteria.
How Long Does Georgia Record Restriction Take?
The time it takes to complete Georgia record restriction depends on several factors, including when your arrest occurred and how your case was resolved.
For pre-2013 arrests, the process involves multiple steps: submitting an application to the arresting agency, forwarding it to the prosecutor, and sending the approved form with a $25 fee to GCIC for final processing. Each transfer adds time. For post-2013 arrests, the prosecutor enters the restriction code directly into the GCIS system, which eliminates administrative back-and-forth.
If your case has no final disposition reported to GCIC, automatic time-expired restrictions apply after two, four, or seven years, depending on the offense. Once GCIC completes processing, they’ll send a confirmation letter to your listed address.
What Employers See vs. What Law Enforcement Still Accesses
Record restriction creates two distinct tiers of access to your arrest history. Once restricted, your record disappears from standard employment background checks conducted through the Georgia Crime Information Center (GCIC), whether initiated by fingerprint or name-based searches. Most private employers and public employers won’t see dismissed, not prosecuted, or diversion-related charges after restriction is granted. This directly improves your hiring prospects by removing qualifying charges from standard checks.
Law enforcement operates under entirely different rules. Officers, judicial officials, and criminal justice agencies retain full access to your restricted record through GCIC for official purposes. Restrictions apply exclusively to non-criminal justice uses. Your record remains visible to those with legitimate law enforcement need, regardless of its restricted status. Understanding this distinction helps you set realistic expectations about what restriction actually accomplishes.
Your Record Doesn’t Have to Follow You Forever
Removing an arrest record in Georgia is not always straightforward, but with the right legal guidance, it may be more possible than you think. Taking the right steps now could protect your reputation, your career, and your future for years to come. At Cobb Defense, Attorney Gregory Chancy and his team are dedicated to helping you navigate the record restriction process and fight for the clean slate you deserve. Explore our criminal defense services to learn how we can help. Call (770) 627-3221 today for a free consultation and let us start building your case.
Frequently Asked Questions
Can I Restrict a Georgia Arrest Record Without Hiring an Attorney?
Yes, you don’t need an attorney to restrict a Georgia arrest record. For pre-2013 arrests, you’ll submit the Request to Restrict Arrest Record form directly to the arresting agency. For arrests after July 1, 2013, you’ll contact the prosecuting attorney’s office directly. You’ll pay fees up to $50 to the agency and $25 to GCIC. However, consulting an attorney can help you navigate eligibility requirements and guarantee proper submission.
Does Record Restriction Affect My Ability to Own a Firearm in Georgia?
Record restriction doesn’t automatically restore your firearm rights in Georgia. If you’re a convicted felon, both Georgia law under O.C.G.A. § 16-11-131 and federal law still prohibit you from owning or possessing firearms after restriction. To restore your gun rights, you’ll need additional legal remedies, such as a pardon explicitly authorizing firearm possession or retroactive First Offender status under O.C.G.A. § 42-8-66. Consult a criminal defense attorney to evaluate your specific options.
Will a Restricted Georgia Arrest Record Affect Federal Employment Applications?
A restricted Georgia arrest record can still appear in federal employment background checks. Federal agencies aren’t limited to public databases, so they may access records that state restrictions hide from private employers. You’ll face stricter scrutiny in government, healthcare, and finance sectors. However, EEOC guidelines require federal employers to conduct individualized assessments, meaning they can’t automatically disqualify you based solely on an arrest record. Consulting a criminal defense attorney can help you navigate these complexities.
Can a Georgia Arrest Record Be Re-Opened After It Has Been Restricted?
Yes, a restricted Georgia arrest record can be re-opened under specific circumstances. If you received First Offender Act treatment and your status gets revoked, the court can unseal your previously restricted record. Additionally, law enforcement and criminal justice agencies can access your restricted record for legitimate official purposes, though this doesn’t constitute a full public reopening. Outside of these scenarios, no general provisions exist that authorize reopening a restricted record to the public.
Does Record Restriction in Georgia Apply to Juvenile Arrest Records Too?
Record restriction doesn’t typically apply to juvenile arrest records in Georgia. Instead, you’d pursue sealing under OCGA § 15-11-701, which treats the case as though it never occurred for most purposes. You’ll need to file a petition in juvenile court, demonstrate rehabilitation, and meet eligibility requirements like a two-year waiting period post-discharge. Unlike adult record restriction, sealing removes index references rather than simply limiting public access.
