RECORD RESTRICTIONS

What was formally referred to as an “expungement” is now legally referred to as a “record restriction.” Although Georgia no longer recognizes the term “expungement” the process is nearly identical. 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 an individuals criminal history from being publicly accessible. As a result, the record will not appear on a third party background check, which is commonly used for employment, housing, education etc. While the record is not permanently deleted, access to the record would be limited to law enforcement and criminal justice agencies.

There are different methods of pursuing 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 previously excluded offenses to be considered for Restriction. It is important to distinguish that a Record Restriction does not restore any rights that were affected by the conviction, such as firearm rights. Record Restrictions are primarily used for purposes of passing background checks and preventing the public from having access to your case information. So although you may still be a convicted felon, that record will not appear on your criminal history, therefore limiting any third-party from gaining access and essentially preventing them from having knowledge any such record exists.

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.