Restriction of arrests that did not lead to a conviction in Georgia: which records can be cleared
What Georgia law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Restriction of arrests that did not lead to a conviction
- What it covers
- 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.
- Ways to clear a record
- 5
- Automatic relief
- Yes
Which records can 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
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)
What you can say afterwards
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.
Juvenile records
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
In nearby states
- South Carolina: Expungement
- Alabama: Expungement
- Tennessee: Expunction (expungement)
- Florida: Expunction (expungement) and sealing
What to do now in Georgia
Get your own record
Get a copy of your record so you know each case and how it ended. Georgia Courts - Record Restrictions/Expungement (authored by Georgia Legal Aid) and GBI - Georgia Criminal History Record Restrictions.
See if enough time has passed
Each kind of case has its own waiting period. Waiting periods.
Ask the court
You file the request in the court that handled the case. How to file.
Get help
Ask for free help: Georgia Legal Aid (legal aid directory) and Cobb County District Attorney - Second Chance Desk.
Where to get free help in Georgia
Questions about clearing a record in Georgia
What does Georgia call expungement?
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.
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.
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.
Who can still see a cleared record 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.