How to file to clear a record in Georgia

The steps, cost, fee waiver and forms to clear a record in Georgia.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Restriction of arrests that did not lead to a conviction
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'.
Forms
1

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

Checklist: what to gather before you file

Exclusions in Georgia

  • Restriction of arrests that did not lead to a conviction: 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.
  • Restriction and sealing of misdemeanor convictions (petition to the court): 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.
  • Restriction of pardoned convictions: Serious violent felonies and sexual offenses.
  • First Offender Act discharge and Retroactive First Offender: Certain sex offenses and serious violent felonies are not eligible for First Offender treatment.

Law: O.C.G.A. § 35-3-37(h), (i); O.C.G.A. § 35-3-37(j)(4); O.C.G.A. § 35-3-37(j)(7); O.C.G.A. §§ 42-8-60, 42-8-62.1, 42-8-62.2, 42-8-66; HB 162 (2026)

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.

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

In nearby states

  • South Carolina: No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges.
  • Alabama: $500 administrative filing fee per arrest, plus court costs or docket fees.
  • Tennessee: Free for dismissed, nolle prosequi, no true bill and not-guilty charges. Dismissals after pretrial or judicial diversion: $100 nonrefundable clerk fee (Knox County District Attorney; TBI says clerk fees apply).

Your next steps in Georgia

  1. Gather your papers

    You need your case numbers, court papers and proof you finished your sentence. Checklist: what to gather before you file.

  3. Turn in the petition

    File the petition with the clerk and follow the court's rules for notice to the prosecutor.

Where to get free help in Georgia

Questions about filing in Georgia

When can I ask to clear my record 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.

What is the filing fee 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.

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.

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