RECORD RESTRICTIONS

Georgia no longer recognizes the term “expungement.” The process is now known as a Record Restriction. Record Restrictions are options for a variety of cases including some misdemeanor convictions and certain felony offenses that were closed without conviction, dead docket cases, and even some felony convictions.

A Record Restriction removes the arrest and all related information from your criminal history, maintained by the Georgia Crime Information Center (GCIC), from public access. As a result, the record will not appear on a public background check, which is used for employment, housing, education etc. While the record is not permanently deleted, access to the record would be limited to only law enforcement agencies and criminal justice agencies.

There are different methods of completing a Record Restriction, which vary case by case. Upon initial consult, our expert Attorney will discuss your eligibility and options with advice on how to proceed.

Most felony convictions are not eligible for Record Restriction outright. However, under new laws, obtaining an official Pardon from the State Board of Pardons and Paroles allows those previously excluded offenses to be considered for Restriction. It is important to distinguish that a Record Restriction does not restore any rights that were lost due to the conviction, such as firearm rights. Record Restrictions are primarily used for passing background checks and preventing the public from having information about your case.

RECORD RESTRICTION vs. RECORD SEALING

There is a significant difference between a record restriction and having a record sealed. After a record is restricted from your criminal history, the case information is still available to access from the clerk of court where you were adjudicated. Having your record sealed is an additional step which prevents anyone from having access to the record online through the clerk’s office, on site, or through an open records request. This process is handled through the Court of original conviction and typically requires a hearing before a Judge.