If you were arrested in Georgia but your charges were dismissed, dropped, or you were found not guilty, you might assume your record is clean. Unfortunately, that’s not how it works. In Georgia, an arrest creates a public record the moment it happens — and that record doesn’t disappear automatically just because the case didn’t result in a conviction.
Here’s what you need to know about dismissed charges, background checks, and what you can actually do about it.
When you’re arrested in Georgia, your arrest is logged with the Georgia Crime Information Center (GCIC) — the state’s central criminal record database. This record includes the arrest date, the charge, and the agency that arrested you. It does not automatically include the outcome of the case.
When your charges are dismissed, the court enters a disposition — but that disposition only makes it into GCIC if the court or DA’s office properly reports it. In practice, dispositions are sometimes delayed or missing from the record entirely. The result: background check companies pull the arrest, see no disposition, and report it as an open or unresolved charge.
This is one of the most common and frustrating situations we see. Someone was arrested, the DA dropped the case, and years later they’re losing job offers because the arrest still shows up.
Private background check companies — the kind employers, landlords, and licensing boards use — pull data from GCIC and other public court databases. Most of them report arrests regardless of outcome unless the record has been formally restricted.
Here’s who may be seeing your dismissed charge:
Employers: Most background check authorization forms ask about arrests, not just convictions. A dismissed charge can surface and create questions — even if it’s years old.
Landlords: Tenant screening services routinely pull arrest records. A dismissed charge can cost you a housing application.
Professional licensing boards: Georgia licensing boards for nursing, real estate, contracting, teaching, and other regulated professions routinely ask about prior arrests. A dismissed charge must often be disclosed and explained.
Federal background checks: FBI background checks for federal employment, firearms purchases (NICS), and security clearances access arrest records through national databases. A dismissed charge may appear here as well.
Yes — and dismissed charges are among the most straightforward cases for record restriction in Georgia.
Under O.C.G.A. § 35-3-37, Georgia law allows you to restrict (seal) an arrest record when charges were dismissed, nolle prossed (dropped by the DA), or resulted in a not guilty verdict. Once restricted, the arrest is removed from GCIC’s public-facing database and no longer appears on standard background checks run by employers, landlords, or licensing boards.
The process depends on the reason for dismissal:
Charges dismissed or nolle prossed: You submit a request directly to the arresting law enforcement agency or through GCIC. Many of these can be handled at no cost.
Not guilty verdict: Similar process — eligible for restriction through the arresting agency.
Charges conditionally discharged or diverted: These may require a court order. An attorney can file the petition on your behalf.
Once your restriction is granted and processed through GCIC, most civilian background checks will no longer show the arrest.
Yes. A nolle prosequi (nolle prossed) means the prosecutor declined to pursue the case. It functions the same as a dismissal for purposes of record restriction eligibility. You are generally eligible to restrict a nolle prossed arrest in Georgia.
For straightforward dismissed or nolle prossed cases processed through the arresting agency or GCIC directly, the process typically takes 4 to 8 weeks from submission to confirmation. Cases requiring a court petition may take longer depending on the county’s docket.
Once your record is restricted in GCIC, future background checks will not show the arrest. However, private background check companies that have already compiled your information may have cached data. Over time — typically within 30 to 90 days — they update their records from GCIC and the arrest drops off. If a specific employer ran a check before your restriction was processed, you may need to notify them and request they re-run it.
At Georgia’s Expungement Lawyers, we handle record restriction for dismissed charges, nolle prossed cases, First Offender completions, and qualifying convictions. We review your arrest history, identify every eligible restriction, handle all filings, and track the process through to GCIC confirmation.
If a dismissed charge is showing up on your background checks and costing you opportunities, don’t wait. Call us at 404-800-3030 for a free case review, or fill out the form below. We handle cases throughout Georgia.
