Understanding Georgia Records Restriction and Sealing

Understanding Georgia Records Restriction and Sealing Under OCGA 35-3-37

Eligibility, Requirements, and Petition Types

In Georgia, individuals with certain criminal records may be eligible for records restriction (formerly known as expungement) under O.C.G.A. 35-3-37. This law, which largely in its current form went into effect in July 2013, allows qualified individuals to limit public access to their arrest and court records under specific conditions. Understanding eligibility requirements and the various petition types available under Georgia law is essential for anyone seeking a second chance.

What Is Records Restriction in Georgia?

Records restriction does not erase a criminal record but limits access to it. Restricted records are no longer visible to employers, landlords, and the general public who review a copy of your Georgia Crime Information Center report. Law enforcement agencies, however, can still access the arrest record.

Your record must be restricted before you can have your record sealed by court order.

What is Records Sealing in Georgia?

Records Sealing does not happen automatically. You must petition the court to hold a hearing and present evidence to seal access to your record. Records sealing is far more important than the records restriction because clerk and law enforcement records are the most likely source of criminal record information to employers, insurance companies, landlords, and other decision makers.

Records sealing is governed by O.C.G.A. 35-3-37(m)(2). A court may order sealing of a restricted record if the court finds by a preponderance of the evidence that the harm to the individual with the criminal record outweighs the public’s need to know about the arrest, case, or conviction. This standard is essentially the same for First Offender cases.

Who Is Eligible for Records Restriction?

Under O.C.G.A. 35-3-37, you may qualify for records restriction if:

• You were arrested but never convicted.
• Your case was dismissed or resulted in acquittal.
• Your charges were withdrawn through pretrial intervention or diversion programs.
• You were convicted but later had the conviction vacated or overturned.
• You were convicted of certain misdemeanors while under 21 years old.
• You were convicted of certain misdemeanors.
• You were convicted of certain felonies AND were granted a pardon by the Georgia State Board of Pardons and Paroles.

Understanding Different Petition Types

Georgia law provides different legal pathways to request records restriction. These petitions fall into categories based on case outcomes and circumstances. A few of the most common types are discussed below.

H2A – Automatic Restriction on History but Must Petition for Court Order to Seal

Under H2A, records are automatically restricted for cases where:

• The charges were dismissed.
• The case resulted in a not guilty verdict.
• The prosecutor decided not to proceed (“nolle prosequi”).
• You completed a pretrial diversion program.

If your case qualifies under H2A, the restriction should be processed without the need for a formal petition. However, it is advisable to verify with the arresting agency and the Georgia Crime Information Center (GCIC) to ensure compliance.

J4A – Misdemeanor Conviction Restrictions

Georgia law permits you to restrict up to two misdemeanor convictions. However, your conviction must be a crime that is eligible for record restriction. Most misdemeanors qualify  but some can never be restricted. Below is a list of these excluded misdemeanors:

• Driving under the influence
• Serious traffic violations like reckless driving (but you may be eligible to undo the convictions using retroactive first offender)
• Family violence assault and/or battery (unless the offender was under the age of 21)
• Family violence stalking
• Sexual battery
• Public indecency
• Child molestation
• Enticing a child for indecent purposes
• “Peeping Tom” crimes
• Any offense against minors
• Obstructing or hindering persons making an emergency telephone call
• Most types of theft (shoplifting is eligible)
• See the full list at O.C.G.A. § 35-3-37(J)(4)(A)

J7 – Felony Conviction-Based Restriction (Requires Pardon)

Unlike other petition types, J7 applies to individuals who have been convicted of a crime but later received a pardon from the Georgia State Board of Pardons and Paroles. This is one of the few ways to restrict felony convictions in Georgia.

Key requirements for a J7 petition include:

• A pardon granted by the state.
• An eligible felony.
• Proof of rehabilitation and law-abiding conduct since the conviction.
• A formal request for restriction filed with the appropriate court.
• Evidentiary proof that the harm of the conviction to the individual outweighs the public’s need to know.

How to File for Records Restriction in Georgia

If you believe you qualify under any of the above categories, follow these steps:

1. Confirm Eligibility – Check with the Georgia Bureau of Investigation (GBI) or an attorney to determine if your case qualifies.
2. Gather Documentation – Collect court records, arrest records, and any evidence of case dismissal or acquittal.
3. File the Appropriate Petition – Depending on your situation, you may need to file documents with the arresting agency, prosecutor’s office, and the court.
4. Await Decision – The agency or court will review your request, and you may need to attend a hearing.
5. Verify Restriction – If approved, confirm that your record has been restricted in the GCIC database.

Why Hire an Attorney for Records Restriction?

While some records are restricted automatically, many require legal petitions and court approval. An experienced attorney can help by:

• Determining the best petition type for your case.
• Preparing and filing all necessary legal documents.
• Representing you in court if a hearing is required.
• Ensuring that law enforcement and background check databases properly update your record.

Final Thoughts

Georgia’s O.C.G.A. 35-3-37 provides valuable legal pathways for individuals seeking records restriction, but the process can be complex. Understanding the various petition types ensures that eligible individuals can take the right steps toward clearing their record.

If you need assistance with records restriction in Georgia, contact us today for a consultation.