Georgia Expungement Laws: Record Restriction Under O.C.G.A. § 35-3-37

Georgia does not call the process "expungement." Since 2013, the state has used the term record restriction, governed by O.C.G.A. § 35-3-37, which limits public access to arrest and court records while keeping them visible to criminal justice agencies.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Georgia state record restriction law. For a nationwide comparison, see Expungement Laws by State.

What Record Restriction Means in Georgia

Georgia does not have a traditional expungement statute that permanently destroys criminal records. Instead, O.C.G.A. § 35-3-37 authorizes restriction of a criminal history record, which means the record is no longer released for non-criminal-justice purposes such as employment background checks or tenant screening. Law enforcement agencies, courts, and prosecutors retain full access.

The Georgia Crime Information Center (GCIC), which operates within the Georgia Bureau of Investigation, maintains the state's centralized criminal history repository. When restriction is approved, the GCIC marks the relevant arrest cycle as restricted, removing it from results returned to employers and the public. The underlying data remains in the system.

This distinction matters practically. If a Georgia employer runs a background check through a consumer reporting agency, a restricted record will not appear. But if you apply for a law enforcement position or a professional license requiring fingerprint-based FBI review, the record remains accessible. Restriction is not expungement; it is a form of access control. (O.C.G.A. § 35-3-37(a)(4))

Non-Conviction Records: Dismissals, Acquittals, and Nolle Prosequi

The broadest category of restriction covers arrests that did not result in conviction. Under O.C.G.A. § 35-3-37, when a charge is dismissed, nolle prossed, or results in an acquittal, the arrest record is eligible for restriction.

The process depends on the date of arrest.

Arrests after July 1, 2013: No separate application form is required. Once the court notifies the GCIC that the case closed without conviction, restriction occurs administratively. If restriction has not been applied after case closure, the individual should contact the prosecuting attorney's office for the relevant jurisdiction. The prosecutor reviews and approves restriction for non-criminal-justice purposes. (O.C.G.A. § 35-3-37(h)(1))

Arrests before July 1, 2013: The individual must submit a written application to the arresting agency using the GBI's Request to Restrict Arrest Record form. The arresting agency completes section two of the three-part form and forwards it to the prosecutor for a decision. Processing fees at the arresting agency are capped at $50.00.

Exceptions that block restriction of non-conviction records: Even a dismissed charge cannot be restricted if it was nolle prossed because of a plea agreement resulting in conviction for a related offense, because the prosecutor was barred from introducing material evidence, because the conduct was part of a pattern prosecuted elsewhere, or because the individual had diplomatic immunity. (O.C.G.A. § 35-3-37(h)(2))

SB 288 and the Misdemeanor Conviction Petition (Effective January 1, 2021)

Before January 1, 2021, Georgia allowed restriction of non-conviction records and certain youthful offender convictions but provided essentially no pathway to restrict adult misdemeanor convictions. SB 288 (Ga. L. 2020, p. 753) changed that by adding O.C.G.A. § 35-3-37(j), creating a court-petition process for qualifying misdemeanor convictions.

To petition successfully, all of the following must be true at the time of filing:

1. The conviction was for a misdemeanor (or a series of misdemeanors arising from a single incident).
2. The individual has completed all terms of the sentence, including probation, fines, and restitution.
3. At least four years have passed since sentence completion with no new convictions in any jurisdiction (excluding nonserious traffic offenses).
4. No criminal charges are currently pending.
5. The conviction is not for an excluded offense (see the next section).
6. The individual has not previously had two or more misdemeanor convictions restricted under this paragraph (lifetime cap of two).

The petition is filed in the court where the conviction occurred and must be served on the prosecuting attorney. If the prosecutor requests a hearing, the court must schedule it within 90 days of filing. The court grants the petition if it finds that "the harm resulting to the petitioner clearly outweighs the public's interest in the criminal history record information being available." (O.C.G.A. § 35-3-37(j)(3))

Once granted, the court transmits the order to the GCIC, which restricts the conviction record. The lifetime cap means an individual may use this pathway at most twice.

Offenses Excluded from Restriction

Georgia's record restriction statute contains firm categorical exclusions. Even if all other criteria are met, the following conviction types cannot be restricted under O.C.G.A. § 35-3-37:

Misdemeanor exclusions under § 35-3-37(j)(4):

• DUI convictions (O.C.G.A. § 40-6-391)
• Family violence simple assault, simple battery, and battery, unless the individual was a youthful offender (under 21 years of age at the time of the arrest) (O.C.G.A. § 35-3-37(j)(4))
• Sexual offenses, including sexual battery, pimping, pandering, and offenses involving supervisory authority
• Peeping tom
• Offenses against children and minors
• Theft offenses (with a limited exception for shoplifting by youthful offenders under certain conditions)
• Serious traffic offenses including homicide by vehicle, fleeing or attempting to elude a police officer, and driving a school bus under the influence

Felony exclusions: The statute does not permit restriction of felony convictions based solely on the passage of time. The only felony restriction pathway (aside from the First Offender Act) requires a pardon from the State Board of Pardons and Paroles, and pardons are not available for serious violent felonies or sexual offenses. Serious violent felonies under O.C.G.A. § 17-10-6.1 include murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery.

These exclusions are permanent; no waiting period or court discretion overrides them.

Pardoned Felony Convictions and the First Offender Act

Two additional pathways exist for people with Georgia felony records.

Pardoned felony restriction: If the State Board of Pardons and Paroles grants a full pardon, and the pardoned offense was not a serious violent felony or sexual offense, the individual may petition the court under O.C.G.A. § 35-3-37 to restrict the felony conviction record. The petitioner must have no subsequent convictions in any jurisdiction and no pending charges. The pardon itself does not automatically restrict the record; a separate court petition is still required.

First Offender Act (O.C.G.A. § 42-8-60 et seq.): First-time felony offenders placed on probation without adjudication of guilt can have their records sealed upon successful completion of probation. Discharge under the Act "completely exonerates" the individual and does not constitute a conviction for most purposes. The sealing of court records follows under O.C.G.A. § 42-8-62.1 upon petition.

Retroactive First Offender (O.C.G.A. § 42-8-66): Individuals sentenced before the First Offender Act was available to them, or who were eligible but not offered the option, may petition the sentencing court retroactively. Prosecutorial consent or a court hearing is required. No filing fee may be charged for retroactive petitions. This pathway applies to eligible cases going back to 1968.

How to File a Record Restriction Petition in Georgia

The steps differ depending on which type of record is involved.

Non-conviction records (post-July 1, 2013 arrests): Contact the prosecuting attorney's office in the county where the arrest occurred and request restriction of the non-conviction record. Bring the case disposition documentation. No court petition is required for most of these cases.

Non-conviction records (pre-July 1, 2013 arrests): Obtain the GBI Request to Restrict Arrest Record form from the GBI website or the arresting agency. Complete section one, submit to the arresting agency (fee up to $50.00), and the form moves to the prosecutor for decision.

Misdemeanor conviction restriction (SB 288 petition): File a petition in the court of conviction, serve a copy on the prosecutor, and provide documentation of sentence completion and the four-year clean record. The court may set a hearing. No statewide filing fee is set by statute, but court costs vary by county.

Pardoned felony restriction: Obtain the pardon certificate from the State Board of Pardons and Paroles, then file a petition in the court of conviction under O.C.G.A. § 35-3-37.

After any restriction is granted, the GCIC applies the restriction to the Georgia criminal history record, typically within a few weeks of receiving the order or notification.

Disclaimer: This article covers Georgia record restriction law as of May 29, 2026. Georgia's statutes and procedures can change. This article is for general informational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney before taking any action to restrict your criminal record.

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Sources

Official sources for this article include the Georgia Bureau of Investigation Criminal History Record Restrictions page (gbi.georgia.gov), O.C.G.A. § 35-3-37 as amended by SB 288 (Ga. L. 2020, p. 753), the Georgia Courts self-help record restriction resource (georgiacourts.gov), the Georgia Attorney General's Office restriction and vacatur forms page (law.georgia.gov), and the Georgia State Board of Pardons and Paroles (pap.georgia.gov).

Related Articles

• Expungement Laws by State: hub page covering all 50 states
• DUI Expungement by State: Which States Allow It?
• How to Check If Your Record Has Been Expunged

This page covers Georgia record restriction law only. For legal advice specific to your situation, consult a licensed Georgia attorney.