How to Get Your Criminal Record Expunged in Georgia [2025 Updated]
If you commit a crime in Georgia, you may be at risk of having a criminal record, which can negatively impact your ability to obtain housing, a job, or a license. Therefore, it may be worth getting your record expunged so that you can live freely and focus on your future. But, it can be a complicated process that may leave people wondering, how to get a criminal record expunged in Georgia. If you wish to remove a conviction from your permanent record so you can work toward a future with more opportunities, your goals may be reachable if you qualify.
What Does It Mean to Expunge or Seal Your Record?
If you are accused of committing a crime or caught committing illegal activity in Georgia, you may be arrested. If your arrest is deemed valid, and you are charged with a crime, a record of your arrest and charges will be logged on your permanent criminal record.
Record expungement means that your criminal record is sealed or hidden from public view, but it is still visible to judicial officials. If your record gets expunged, you can apply for employment, housing, and any licenses you may seek without your criminal history showing on background checks.
In Georgia, there are no distinct procedures for sealing a record or expunging a crime from one’s criminal history; instead, there is only the option of the Record Restrictions Process. When an individual has successfully completed this process and restricted a particular offense from their record, any evidence of the conviction is inaccessible to third parties such as potential employers, landlords, or license boards.
However, restricted records may still be viewable to law enforcement agencies as well as government entities. There can be several benefits from restricting or clearing a criminal offense from your permanent record. Doing this can eliminate any obligations or consequences that are contingent upon the conviction, provide the person with more job and career options without fear of stigma, and remove other limitations a conviction brings, among other upsides.
Which Crimes Are Eligible for Expungement in GA?
The criteria for essentially removing a crime from one’s permanent record can vary from state to state. In Georgia, it’s possible for most arrests and charges to be expunged if the case against you was eventually dismissed, meaning you were not convicted. Some infractions and minor misdemeanor convictions may be eligible for record restriction in Georgia, and a few felonies may also qualify, depending on the circumstances.
Misdemeanor convictions that are not eligible for expungement in Georgia include serious traffic crimes such as DUIs, vehicular homicide, and aggressive or reckless driving, along with convictions for domestic violence and sex crimes against a minor. Felonies that are ineligible for restriction include armed robbery, murder, rape, and aggravated sex crimes.
Even when an offense may qualify for restriction, it doesn’t mean the defendant themself may qualify for the expungement process. Individuals might qualify for record restriction if the charges against them were dropped/dismissed if the conviction was their first crime and only one, if the crime was a minor offense, if the trial didn’t result in a guilty verdict, or if the person has completed their probation for the crime and has not been convicted for at least four years since.
How Likely Is It to Get a Criminal Record Expunged in Georgia?
There are some criminal records that are not eligible for expungement, such as those with violent crimes like murder, rape, or armed robbery; traffic crimes like DUIs and vehicular homicide; or sex crimes like child molestation. However, if your case was dismissed without a conviction or if you committed certain misdemeanors, you may be eligible for expungement. Examples of misdemeanors that may be expunged include:
- Certain drug charges
- DUIs that have been dismissed
- Juvenile crimes
- Public indecency
- Felonies that have been pardoned
At The Law Office of Delisa Williams PC, we can inform you if your record is likely to be expunged or not. We have an intricate understanding of the legal system, and we have the patience and competence to inform you of your legal options.
How to Apply for Expungement in Georgia
In order to request that a record of a specific crime be restricted, begin by obtaining a copy of your Criminal Record Report, also called a Georgia Crime Information Center (GCIC) report, which details a comprehensive list of your criminal history. You can usually get a printed copy of this document from your local police department for a small fee.
After getting a copy of your criminal record, proceed to file an official expungement/restriction application with the county prosecutor’s office; the office should be in the county in which you were charged with the offense. The prosecutor will typically take a few weeks to review your application before approving it or denying the request for an expungement.
If the county prosecutor’s office approves your expungement application, it’ll be passed on to the
Georgia Bureau of Investigation (GBI). The GBI oversees all of the state’s record restriction matters. The bureau will likely charge a small processing fee, and your expungement request will then be finalized and honored.
What Is the Criminal Record Expungement Process in Georgia?
Before you begin the process, it is important to note the date that your arrest took place, as it impacts the agency you will consult to approve your request. For instance, if the arrest happened before July 1, 2013, the arresting agency can help you with your request. However, if it was on or after July 1, 2013, then you must work with the prosecuting attorney directly.
An outline of the complete process is as follows:
- Initial contact – Speak with the arresting agency or prosecutor’s office to get an understanding of the process.
- Gather your paperwork – You will need a request to restrict form if your arrest was before July 1, 2013, or a different form from the prosecuting attorney’s office if it was on or after that date. You will also need to pay the $50 filing fee, as well as any additional paperwork surrounding your criminal history, court depositions, or other legal paperwork requested.
- Apply for your record to be restricted – This is determined by your arrest date. Before July 1, 2013, the process is filling out the request form, having the arresting agency complete their section of the form, and having the prosecuting attorney fill out their section. The prosecuting attorney will have 90 days to give approval or denial of the request.
The process is slightly different if the arrest was after July 1, 2013. Instead of contacting the arresting agency, the entire process is completed through the prosecuting attorney.
When Should I Hire a Lawyer?
You can hire an Atlanta expungement lawyer at any stage of the process, but consulting with a lawyer before submitting a records restriction request may be to your advantage. Your lawyer can educate you on your rights, protect your rights, and defend your rights. Since they are familiar with the laws surrounding your case as well as the judicial system, hiring a lawyer may be your greatest chance of success rather than doing it alone.
FAQs
What Crimes Can Be Expunged?
Most misdemeanors qualify for expungement (or restriction) if the defendant is eligible; qualifying criteria include completing probation and four years have passed with the individual not committing a criminal violation beyond minor traffic infractions. Severe traffic offenses like DUIs, domestic violence crimes, and sex violations are excluded from this. Certain non-violent felonies may be eligible for restriction.
How Much Does It Cost to Get Your Record Expunged?
The total cost of expunging a single record from your criminal history can vary depending on the county and which criminal records are required to obtain, but generally, expenses are around $100 or less for a singular record restriction case. It’s about $25 to acquire one’s GCIC report, $50 to apply with the county’s prosecutor’s office, and another $25 for the GBI to process your case.
What Is the Second Chance Act in Georgia?
The Georgia Second Chance Act is an effort to reduce reentry in the prison system by eliminating certain barriers for ex-criminals. The Act is intended for low-level offenders and those with non-violent misdemeanor charges as well as some felonies. One of the policies is easier access and expansion to record expungement.
Will My Expunged Record Show Up on a Background Check?
Any records that have been successfully restricted or expunged from an individual’s criminal record report will not be accessible to any members of the public who may run a background check on that person. This means any potential employers or landlords can run a background check, and the restricted record will not be included in the report. However, such records may still be viewable by law enforcement and government agencies.
How Long Does a Felony Stay on Your Record?
How long a felony stays on your criminal record depends on the felony offense. Records of an arrest that did not result in a guilty verdict or felony conviction may no longer show up on background checks after seven years have passed. Certain felony convictions may expire and be restricted after four years. Federal law mandates that employers may only obtain information that’s relevant to the job, accurate, and not out of date.
Contact The Law Office of Delisa Williams PC Today
At The Law Office of Delisa Williams PC, we have years of experience in litigating criminal defense cases. We understand that everyone deserves a second chance, and getting your record expunged can be that first step. Contact us today so we can walk you through the legal process and represent you in court if necessary. Our Atlanta criminal defense lawyer looks forward to helping you with your case.
With our legal team engaged, we can thoroughly review your situation and provide you the necessary legal advice you need to successfully navigate your situation.
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