How long you wait to clear a record in Georgia
When you can ask to clear a record in Georgia.
Checked against official sources: October 25, 2026.
Short answer
In Georgia you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Restriction of arrests that did not lead to a conviction
- Waiting periods
- 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
When can I file 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.
Waiting periods: 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)
Source: Official text
Waiting periods: 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)
Source: Official text
Waiting periods: 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
Automatic relief in Georgia
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.
July 1, 2013
Law: O.C.G.A. § 35-3-37(h), (n)
In nearby states
- South Carolina: Summary court case dismissed or not guilty: No waiting period, counted from end of the appeal period
- Alabama: Dismissed with prejudice, no-billed, not guilty, or nolle prossed (any charge): You can file once more than 90 days have passed, counted from the dismissal, no-bill, acquittal or nolle pros
- Tennessee: Dismissed, nolle prosequi, no true bill, or not guilty: No waiting period, counted from dismissal or verdict
What to do now in Georgia
Check your dates
Use the dates on your court papers, not your memory.
Read the full rule
Exclusions and new offenses can matter more than the wait.
Prepare your petition
After the wait, the next step is the petition. How to file.
Ask for free 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 waiting periods in Georgia
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.
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.
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.
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.