Understanding Expungement and Record Restriction in Georgia
If you are searching for expungement lawyers in Atlanta, you should know that Georgia no longer uses the term "expungement." Since 2013, the legal process is called record restriction. In 2020, lawmakers added a sealing tool under record sealing procedures and related rules. Most people still search for expungement in Georgia. The real process restricts or seals your criminal record.
What does this mean in practice? When a record is restricted or sealed, it is hidden from public view and most private background checks. Employers, landlords, and licensing boards usually cannot see the restricted entry. Police and certain state bodies keep access to the underlying record.
Georgia differs from true expungement states, where records are destroyed. Here, the record still exists. It is simply shielded from public access. Knowing this helps you set real expectations and work toward the best outcome for your case.
For Atlanta residents and people across metro Georgia, clearing a criminal record opens doors to work, housing, and job licenses. A visible record keeps those doors shut. A skilled criminal defense attorney can review your history and spot every charge that qualifies.
Who Qualifies for Record Restriction in Georgia?
Georgia law sets several paths to record restriction. Not every arrest or conviction qualifies. But the paths are broader than many people think.
Non-conviction records are the simplest. You were arrested, but the charges were dismissed, nolle prossed, or you were cleared at trial. You may ask to restrict that arrest record. Dead-docketed cases and no-bills from a grand jury also qualify.
Misdemeanor convictions before age 21 may qualify under certain terms. The offense must not fall in an excluded group, and you must have finished your sentence.
The Second Chance Law (SB 288), effective January 1, 2021, opened the door much wider. Adults with up to two misdemeanor convictions may ask the court to seal those records. Four years must pass after the sentence ends. Thousands of Georgians who had no path to a clean record now have one.
First Offender Act cases offer another route. You finished first offender probation. The court discharged you without a conviction. That record may then qualify.
Many people ask: how long can a felony charge be pending in Georgia? The statute of limitations sets the outer edge. Most misdemeanors have a two-year limit. Most felonies have a four-year limit. If the state never files charges in that window, the arrest record can be restricted. Charges that sit past the deadline can be challenged. The dismissal that follows opens the door to restriction.
What Felonies Can Be Sealed in Georgia?
What felonies can be expunged in Georgia is one of the most common questions our firm receives. Georgia's Second Chance Law does not, as a rule, allow the sealing of felony convictions. The law targets misdemeanor convictions and non-conviction records.
Still, several key carve-outs exist for felony records.
Felony arrests without conviction – You were arrested for a felony, but the charges were dismissed, reduced, nolle prossed, or you were cleared. That arrest record may qualify. The key is the absence of a conviction.
Completed First Offender pleas – Under the First Offender Act discharge provision, a person who finishes every term of a First Offender sentence is discharged with no conviction. Even if the charge was a felony, no conviction exists after discharge. That record may then be restricted.
Pardoned felonies – If the Georgia Board of Pardons and Paroles grants a pardon, the pardoned felony may qualify for restriction. Pardons are discretionary and need their own application.
Offenses that can never be restricted include DUI, family violence crimes, sex offenses, and crimes against minors. These bars apply no matter the facts.
People searching this topic also ask what rights felons lose in Georgia. A felony conviction can cost you voting rights (restored after the sentence ends), gun rights, jury service, and certain job licenses. Record restriction – where allowed – helps restore access to work and housing. It does not restore every lost right on its own. An attorney can explain which rights you may win back.
How to Seal Your Record in Georgia: Step-by-Step Process
Understanding how to expunge your record in Georgia starts with knowing which process applies to your situation. Non-conviction restrictions and misdemeanor sealings follow different paths.
Step 1: Get your Georgia Criminal History Report. Ask a local law enforcement agency or the Georgia Crime Information Center (GCIC) for your official criminal history. The report shows every arrest, charge, and outcome on file. You need it to spot which entries qualify.
Step 2: Find the arrests and charges that qualify. Review each entry on the report. Look for dismissed charges, acquittals, nolle prosses, finished first offender cases, and misdemeanor convictions that fit the Second Chance Law.
Step 3: For non-conviction restrictions, send a written request to the arresting agency using GCIC Form 39. This is a paperwork-only process. No court filing is needed. The agency forwards the request to the state for processing.
Step 4: For misdemeanor sealing under SB 288, file a petition in the court where the conviction happened. The petition must include your criminal history and the exact convictions you want sealed. You must also show you meet the four-year wait and the other rules.
Step 5: Serve the prosecuting attorney. The district attorney's office has 60 days to review your petition and object. If the DA does not object, things move faster.
Step 6: Attend a hearing if the court sets one. That happens most often when the DA objects or the judge wants more detail.
Step 7: Receive the court order. If granted, the order directs the state to restrict or seal the listed records.
If you file in DeKalb County, note that its Superior Court and State Court each have their own petition steps and filing rules. Check the current local rules before you file in DeKalb County Georgia. Our firm handles petitions across metro Atlanta courts and stays current on each court's rules.
How Long Does Record Sealing Take in Georgia?
Timelines turn on the type of restriction and the court involved.
Non-conviction requests through GCIC Form 39 usually take 30 to 90 days once the arresting agency handles the paperwork. No court hearing is needed.
Misdemeanor sealing petitions under SB 288 take longer. Plan on three to six months from filing to final order. The 60-day prosecutor window eats much of that time. If the DA objects, the court must set a contested hearing. That can add weeks or months.
Several things can slow the process. Gaps in the records may call for more paperwork. DA objections trigger hearings that wait on the court's calendar. Charges spread across different courts may need separate petitions.
Filing fees vary by court but usually run from fifty to 250 dollars per petition. Attorney fees depend on how complex the case is and how many records are involved. Some people try the process alone. But a skilled attorney cuts the risk of missed steps, thin petitions, and needless delays. In our experience, petitions prepared by attorneys draw fewer DA objections. They answer the likely concerns up front.
Why Choose Criminal Defense Matters for Your Atlanta Record Sealing
Kohn & Yager LLC handles record restriction petitions across metro Atlanta courts, including Fulton, DeKalb, Cobb, Gwinnett, and Clayton County. Our attorneys know the procedural quirks of each court and work in those systems every week.
In our experience, clients often qualify for more relief than they realize. We recently helped a DeKalb County client seal a misdemeanor theft conviction from her early twenties. She then passed a nursing license background check. Cases like hers remind us why this work matters.
Our firm works directly with the state's GCIC steps and deals with district attorneys' offices during the 60-day objection window. We build complete petitions that answer likely DA concerns before they become formal objections. Depending on your case, that approach can shorten your timeline and improve your odds.
Clients often come to us after trying the process alone and hitting walls. Missing records, confusing steps, and surprise DA objections are common. An attorney who knows the local courts can clear these hurdles fast. They can also spot sealing chances that are easy to miss without legal training.
Speak With an Atlanta Record Sealing Lawyer Today
A criminal record touches every part of your life. It limits your job options, housing choices, license chances, and in some cases your gun rights. Record restriction removes those walls and gives you the fresh start you deserve.
Kohn & Yager LLC offers a free consultation to review your state criminal history report and flag every charge that may qualify. We handle dismissed arrests from years ago and misdemeanor convictions that now fit the Second Chance Law. We can map out your path to a clean record.
Every day you wait is another day a preventable record holds you back. Call our Atlanta office to set up a case review and take the first step toward clearing your Georgia criminal record.
Frequently Asked Questions
What is the difference between expungement and record restriction in Georgia?
Georgia replaced the term "expungement" with "record restriction" in 2013. In 2020, lawmakers added a "sealing" process. Both cut public access to your criminal record. The record is not destroyed. It is hidden from most background checks. Police and certain state agencies may still see restricted records.
Can I seal a felony conviction in Georgia?
As a rule, no – the Second Chance Law does not cover felony convictions. But felony charges that ended without a conviction may qualify. Finished First Offender Act cases and pardoned felonies may qualify too. Certain offenses – DUI, sex crimes, family violence, and crimes against minors – are barred for good.
How long does it take to seal your record in Georgia?
Non-conviction requests usually take 30 to 90 days. Misdemeanor sealing petitions under SB 288 take about three to six months from filing. The 60-day prosecutor response window eats much of that time. DA objections or record gaps can stretch it further.
How much does it cost to seal your record in Georgia?
Court filing fees usually run from fifty to 250 dollars per petition, depending on the court. Attorney fees turn on the case's complexity and the number of records. Many firms, including ours, offer a free first consultation to check whether you qualify.
Will a sealed record show up on a background check in Georgia?
A sealed or restricted record will not appear on standard employer or landlord background checks in most cases. But police, certain state bodies, and some licensing boards may still see it. The level of cover depends on whether the record was restricted or fully sealed.