Clearing a criminal record in Georgia
In Georgia it is called record restriction and sealing: Georgia does not destroy records. Some misdemeanor and felony convictions may be cleared, and Georgia also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Georgia?
Record restriction and sealing (often called expungement) — Georgia does not destroy records. Restriction hides the arrest or case from your official Georgia criminal history (GCIC) when employers, landlords or licensing boards check it; police and courts can still see it. Sealing hides the court file from public view, so private background check companies cannot copy it.
Georgia has 5 ways to clear a record. Each covers different records and has its own waiting period.
Restriction of arrests that did not lead to a conviction
Arrests never sent to the prosecutor, cases dismissed or nolle prossed, charges reduced to a local ordinance violation, two grand jury no-bills, acquittals of all charges, completed conditional discharge or underage alcohol discharge, and dismissals after completing drug, mental health or veterans court.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dismissed, nolle prossed or acquitted after charges | No waiting period Restriction applies once the case is dismissed or you are acquitted, unless an exception applies (for example the dismissal was part of a plea deal for a related conviction). | Final disposition |
Misdemeanor arrest never referred for prosecution | 2 years If GCIC gets no notice that a misdemeanor arrest was referred for prosecution, it restricts the record after 2 years. | Date of arrest |
Felony arrest never referred for prosecution | 4 years For most felonies, the time-expired restriction happens after 4 years. | Date of arrest |
Serious violent felony or felony sex offense with victim under 16, never referred | 7 years For serious violent felonies and certain sex offenses involving children, the time-expired restriction happens after 7 years. | Date of arrest |
- Not eligible
- Not restricted if the charges were dropped because of a plea to a related conviction, because evidence was suppressed, because the case was prosecuted elsewhere as part of a pattern, or because of diplomatic immunity; if only some charges were acquitted; or if the acquittal came from jury tampering or judicial misconduct.
Law: O.C.G.A. § 35-3-37(h), (i); O.C.G.A. § 16-13-2
Source: Official text
Restriction and sealing of misdemeanor convictions (petition to the court)
A misdemeanor conviction, or a series of misdemeanors from one incident, that is not on the excluded list.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Eligible misdemeanor conviction | 4 years You can petition once you have finished your sentence, have had no conviction anywhere in the 4 years before you file (non-serious traffic offenses do not count), and have no pending charges. | Your most recent conviction of any crime in any jurisdiction (other than a non-serious traffic offense); the sentence must also be completed |
- Not eligible
- Family violence simple assault, simple battery and battery (unless you were a youthful offender); family violence stalking; violating a family violence order; child molestation; enticing a child; improper sexual contact by an employee or agent; public indecency; keeping a place of prostitution; pimping; pandering by compulsion; sexual battery; obstructing an emergency phone call; Peeping Tom; offenses related to minors; theft offenses (except misdemeanor shoplifting and refund fraud); serious traffic offenses such as DUI.
- Limits
- Lifetime maximum of two misdemeanor convictions (or incidents). If denied, you can refile on the same conviction 2 years after the final order.
Law: O.C.G.A. § 35-3-37(j)(4); Part 2, Art. 3, Ch. 12, Title 16
Source: Official text
Restriction of pardoned convictions
Felony or misdemeanor convictions for which you received a pardon from the State Board of Pardons and Paroles, except serious violent felonies and sexual offenses.
- Not eligible
- Serious violent felonies and sexual offenses.
- Limits
- You must have no conviction (other than non-serious traffic) since the pardon and no pending charges.
Law: O.C.G.A. § 35-3-37(j)(7); O.C.G.A. § 17-10-6.1; O.C.G.A. § 17-10-6.2
Source: Official text
Other petition-based restriction
A felony charge dropped while you were convicted of an unrelated misdemeanor; convictions vacated or reversed and not retried within 2 years; cases on the dead docket for more than 12 months; fugitive-from-justice warrants; convictions of trafficking survivors.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dead docket case | 1 year If your case has been on the dead docket for more than 12 months, you can ask the court to restrict it, unless there is an active warrant. | Date the case was placed on the dead docket |
Felony charge dropped, unrelated misdemeanor conviction | 4 years You must petition within 4 years of the arrest to restrict the dropped felony charge. | Date of arrest |
Law: O.C.G.A. § 35-3-37(j)(1)-(3), (5); § 17-10-21
Source: Official text
First Offender Act discharge and Retroactive First Offender
Cases sentenced under the First Offender Act (deferred adjudication; not a conviction once completed). If you were eligible for First Offender but were not told and did not get it, you may ask to be resentenced as a first offender.
- Not eligible
- Certain sex offenses and serious violent felonies are not eligible for First Offender treatment.
- Limits
- First Offender can be used only once.
Law: O.C.G.A. §§ 42-8-60, 42-8-62.1, 42-8-62.2, 42-8-66; HB 162 (2026)
Source: Official text
When can I file? Waiting periods in Georgia
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Georgia
Restriction of arrests that did not lead to a conviction
For arrests on or after July 1, 2013, there is no application: the prosecutor or clerk enters the restriction in GCIC when the case is closed. If it was missed, contact the prosecutor. For arrests before July 1, 2013, complete the GBI Request to Restrict Arrest Record form at the arresting agency; the prosecutor approves or denies it. You may also need to ask the court to seal the clerk's file.
- Cost
- Arrests before July 1, 2013: arresting agency fee up to $50, plus $25 GCIC processing fee by money order or certified check payable to 'Georgia Bureau of Investigation'. Arrests on or after July 1, 2013: there is no application process.
Restriction and sealing of misdemeanor convictions (petition to the court)
File a petition in the court where you were convicted and serve the prosecutor. If a hearing is requested, it must be held within 90 days. The judge grants restriction if the harm to you clearly outweighs the public's interest in the record being public.
Restriction of pardoned convictions
Petition the court where you were convicted and serve the prosecutor. The court grants it if the harm to you clearly outweighs the public interest.
Other petition-based restriction
Petition the court where the case was heard and serve the prosecutor (and arresting agency where required). Hearing within 90 days if requested.
First Offender Act discharge and Retroactive First Offender
Since July 1, 2026, the court must restrict and seal First Offender records at sentencing, and when you are discharged the court records are restricted. If you were sentenced as a first offender before July 1, 2026 and your sentence was not revoked, you can petition the sentencing court to restrict and seal. If you were already discharged before July 1, 2026, you can petition the court that discharged you, with notice to the clerk and prosecutor, and the court must order sealing within 90 days. If the First Offender sentence is later revoked and you are found guilty, the restriction and sealing are removed. For Retroactive First Offender, petition the sentencing court; the prosecutor must consent and the judge must approve.
Law: HB 162; O.C.G.A. § 42-8-62.1(c); O.C.G.A. § 42-8-62.2(c), (d)
Law: HB 162; O.C.G.A. § 42-8-62.1(c); O.C.G.A. § 42-8-62.2(c), (d)
Court self-help
Free help in Georgia
- Georgia Legal Aid (legal aid directory)
- Cobb County District Attorney - Second Chance Desk
- Henry County District Attorney - Record Restrictions
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Georgia Bureau of Investigation, Georgia Crime Information Center (GCIC)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Georgia.
Clearing a record in Georgia by topic
Restriction of arrests that did not lead to a conviction in Georgia
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Georgia
How long you wait for each kind of case, and a date helper.
How to file in Georgia
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in Georgia
- Law
- Automatic restriction of non-convictions and time-expired arrests
- What is cleared
- For arrests on or after July 1, 2013, dismissals, nolle prosequi and acquittals should be restricted in GCIC automatically when the disposition is entered. Arrests with no prosecution notice are restricted after 2 years (misdemeanor), 4 years (most felonies) or 7 years (serious violent felonies and child sex offenses). Time-expired restrictions are still shared with the FBI and other states for employment and licensing. Convictions are not restricted automatically. Since July 1, 2026, First Offender Act sentences (which are not convictions) are restricted and sealed by the court at sentencing and at discharge.
- Started
- July 1, 2013
- Check your record
- Official status page
Law: O.C.G.A. § 35-3-37(h), (n)
Juvenile records in Georgia
Juvenile court records can be sealed by the juvenile court on motion or on its own, under the Juvenile Code. O.C.G.A. § 15-11-701.
Pardons in Georgia
- Who decides
- State Board of Pardons and Paroles
- How
- Apply online (paper applications are no longer accepted since January 2, 2024). You must have completed all sentences at least 5 years before applying (10 years for registered sex offenses), lived law-abiding since, have no pending charges, and have paid all fines. No application fee. Processing takes about 6-9 months. A pardon does not remove the conviction, but it lets you petition to restrict it.
Law: Ga. Const. art. IV, § 2, ¶ II; O.C.G.A. § 42-9-42
After your record is cleared in Georgia
Restricted records are not given out for employment or licensing checks through GCIC, but police, prosecutors and courts can still see them, and private companies may still have old copies. A completed First Offender sentence is not a conviction. After a pardon alone you must still answer 'yes' if asked about convictions. O.C.G.A. § 35-3-37; State Board of Pardons and Paroles FAQ.
Get your own record in Georgia
Georgia Bureau of Investigation, Georgia Crime Information Center (GCIC)
You can get a copy of your official Georgia (GCIC) criminal history from most local law enforcement agencies for a fee, or by fingerprint through the Georgia Applicant Processing Service (GAPS).
Letter: ask the state records office for a copy of your record
Good to know in Georgia
- Georgia does not have expungement in the sense of destroying records: it uses restriction (GCIC) plus sealing (court file).
Source: Clayton County Solicitor-General FAQ
- Only two misdemeanor convictions can be restricted in a lifetime.
Law: O.C.G.A. § 35-3-37(j)(4)(C)
- From July 1, 2026, courts must restrict and seal First Offender Act records at sentencing, and people with earlier First Offender sentences can petition for restriction and sealing.
Law: HB 162, 2026; O.C.G.A. §§ 42-8-62.1, 42-8-62.2
Changes in 2024–2026
Since January 2, 2024, pardon applications must be filed online. HB 162 (2026), signed by the Governor and in effect July 1, 2026: the court must restrict and seal First Offender Act records at sentencing; GCIC may not release First Offender records to the public once you finish the active probation part of the sentence or are discharged; people sentenced as first offenders before July 1, 2026 whose sentence was not revoked can petition the sentencing court; people discharged before July 1, 2026 can petition the court that discharged them, which must order sealing within 90 days.
Law: O.C.G.A. § 42-8-62.1(c); O.C.G.A. § 42-8-62.2
Questions about clearing a record in Georgia
What is clearing a record called in Georgia?
Record restriction and sealing (often called expungement). Georgia does not destroy records. Restriction hides the arrest or case from your official Georgia criminal history (GCIC) when employers, landlords or licensing boards check it; police and courts can still see it. Sealing hides the court file from public view, so private background check companies cannot copy it.
Can convictions be cleared in Georgia?
Restriction of arrests that did not lead to a conviction: Arrests never sent to the prosecutor, cases dismissed or nolle prossed, charges reduced to a local ordinance violation, two grand jury no-bills, acquittals of all charges, completed conditional discharge or underage alcohol discharge, and dismissals after completing drug, mental health or veterans court. Restriction and sealing of misdemeanor convictions (petition to the court): A misdemeanor conviction, or a series of misdemeanors from one incident, that is not on the excluded list. Restriction of pardoned convictions: Felony or misdemeanor convictions for which you received a pardon from the State Board of Pardons and Paroles, except serious violent felonies and sexual offenses. Other petition-based restriction: A felony charge dropped while you were convicted of an unrelated misdemeanor; convictions vacated or reversed and not retried within 2 years; cases on the dead docket for more than 12 months; fugitive-from-justice warrants; convictions of trafficking survivors. First Offender Act discharge and Retroactive First Offender: Cases sentenced under the First Offender Act (deferred adjudication; not a conviction once completed). If you were eligible for First Offender but were not told and did not get it, you may ask to be resentenced as a first offender.
How long do I have to wait in Georgia?
Dismissed, nolle prossed or acquitted after charges: No waiting period, counted from final disposition; Misdemeanor arrest never referred for prosecution: 2 years, counted from date of arrest; Felony arrest never referred for prosecution: 4 years, counted from date of arrest; Serious violent felony or felony sex offense with victim under 16, never referred: 7 years, counted from date of arrest.
Does Georgia clear records automatically?
For arrests on or after July 1, 2013, dismissals, nolle prosequi and acquittals should be restricted in GCIC automatically when the disposition is entered. Arrests with no prosecution notice are restricted after 2 years (misdemeanor), 4 years (most felonies) or 7 years (serious violent felonies and child sex offenses). Time-expired restrictions are still shared with the FBI and other states for employment and licensing. Convictions are not restricted automatically. Since July 1, 2026, First Offender Act sentences (which are not convictions) are restricted and sealed by the court at sentencing and at discharge.
How much does it cost to clear a record in Georgia?
Restriction of arrests that did not lead to a conviction: Arrests before July 1, 2013: arresting agency fee up to $50, plus $25 GCIC processing fee by money order or certified check payable to 'Georgia Bureau of Investigation'. Arrests on or after July 1, 2013: there is no application process.
Can juvenile records be cleared in Georgia?
Juvenile court records can be sealed by the juvenile court on motion or on its own, under the Juvenile Code. O.C.G.A. § 15-11-701.
What can I say after my record is cleared in Georgia?
Restricted records are not given out for employment or licensing checks through GCIC, but police, prosecutors and courts can still see them, and private companies may still have old copies. A completed First Offender sentence is not a conviction. After a pardon alone you must still answer 'yes' if asked about convictions. O.C.G.A. § 35-3-37; State Board of Pardons and Paroles FAQ.
How do I get a copy of my criminal record in Georgia?
You can get a copy of your official Georgia (GCIC) criminal history from most local law enforcement agencies for a fee, or by fingerprint through the Georgia Applicant Processing Service (GAPS).
Where can I get free help in Georgia?
Georgia Legal Aid (legal aid directory), Cobb County District Attorney - Second Chance Desk and Henry County District Attorney - Record Restrictions.