Expunging a Criminal Record in Georgia (2026)
Reviewed by DocDraft Legal Team · Georgia · Last updated August 19, 2026
Georgia does not offer 'expungement' in the way many people expect. Since 2013 the legal term is record restriction under OCGA 35-3-37, which limits public access to certain non-conviction records such as dismissals, acquittals, and nolle prosequi cases. Since January 1, 2021, the Second Chance Law (SB 288) also lets a person petition to restrict and seal up to two misdemeanor convictions after four years crime-free, with major exclusions like DUI, family violence, and sex offenses. Relief may also flow from successful completion of the First Offender Act (OCGA 42-8-60 and following). The Georgia Bureau of Investigation, through the Georgia Crime Information Center (GCIC), maintains the state repository.
Find out where you stand in Georgia
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
Does Georgia offer expungement, and what is record clearing actually called in Georgia?
Georgia does not use 'expungement.' Since 2013 the legal term is record restriction under OCGA 35-3-37, which limits public and private access to a record rather than destroying it. Since 2021, the Second Chance Law (SB 288) also allows restriction and sealing of some misdemeanor convictions by court petition.
What records are eligible for restriction in Georgia, and is a felony eligible?
Non-conviction records such as dismissals, acquittals, nolle prosequi, and cases never referred for prosecution are generally eligible under OCGA 35-3-37. Felony convictions are not directly restrictable, but a person who receives a pardon from the State Board of Pardons and Paroles may petition to restrict and seal certain non-serious, non-sexual felony convictions.
Can you seal a misdemeanor conviction in Georgia, and what is the waiting period?
Yes. Under SB 288, effective January 1, 2021, OCGA 35-3-37 lets you petition to restrict and seal up to two misdemeanor convictions after completing your sentence and staying conviction-free for four years, with no pending charges. DUI, family violence, sex offenses, and crimes against minors are excluded.
Does Georgia have automatic 'clean slate' sealing of records?
Partly. For arrests on or after July 1, 2013 that end without a conviction, restriction is often automatic once the court notifies GCIC, with no application needed. But conviction sealing under SB 288 and restriction of older records still require a petition or application, so Georgia is not a full clean-slate state.
Georgia Uses 'Record Restriction' and 'Sealing,' Not 'Expungement'
Georgia replaced true expungement with record restriction in 2013, and the distinction matters: restriction under OCGA 35-3-37 limits access to a criminal history record but does not destroy it, and law enforcement, courts, and some licensing agencies may still see it. Non-conviction records, including dismissals, acquittals, nolle prosequi, and arrests never referred for prosecution, are the core of what can be restricted, and for arrests on or after July 1, 2013 that close without a conviction, restriction is frequently automatic once the court notifies the Georgia Crime Information Center. For arrests before July 1, 2013, you apply at the arresting agency, which may charge a processing fee of up to 50 dollars. The Second Chance Law (SB 288), effective January 1, 2021, expanded relief by allowing a court petition to restrict and seal up to two misdemeanor convictions after four years crime-free, and to restrict and seal certain non-serious, non-sexual felony convictions after a pardon. Excluded from misdemeanor sealing are DUI and other serious traffic offenses, family violence, sexual offenses, and offenses against minors. Successful completion of the First Offender Act (OCGA 42-8-60 and following) can also lead to discharge without an adjudication of guilt, and OCGA 42-8-62.1 allows a petition to seal the first-offender record. Petitions are filed in the court where the case was handled, and the Georgia Bureau of Investigation, through GCIC, is the state repository that updates the record.
Relevant Laws
Record Restriction (OCGA 35-3-37)
Georgia's core record-clearing statute. It provides for restriction of criminal history record information, limiting public access to non-conviction records such as dismissals, acquittals, and nolle prosequi cases, and, as amended by SB 288, allows restriction and sealing of certain misdemeanor convictions.
Second Chance Law (SB 288, effective January 1, 2021)
SB 288 amended OCGA 35-3-37 to let a person petition a court to restrict and seal up to two misdemeanor convictions after four years crime-free, and to restrict and seal certain non-serious, non-sexual felony convictions after a pardon. Georgia has no full automatic clean-slate conviction sealing.
First Offender Act and Sealing (OCGA 42-8-60 and 42-8-62.1)
The First Offender Act lets an eligible defendant complete a sentence without an adjudication of guilt and be discharged, and OCGA 42-8-62.1 allows a petition to limit public access to and seal the first-offender record. Discharge does not automatically make court records private.
No General Federal Expungement of Georgia Records
There is no general federal law to expunge a Georgia state conviction. Record clearing is governed by Georgia law through record restriction and sealing, and the Georgia Bureau of Investigation, via the Georgia Crime Information Center, maintains the state repository that must update the record.
Regional Variances
Georgia Record Restriction and Sealing Eligibility Table
Relief name and legal effect
Georgia uses record restriction (OCGA 35-3-37) and sealing, not expungement. Restriction limits public and most private access to a record but does not destroy it; law enforcement, courts, and some licensing agencies may still see it. Sealing under SB 288 adds a further layer of protection for qualifying convictions.
Eligible non-conviction records
Dismissals, acquittals, nolle prosequi, and arrests never referred for prosecution are generally eligible for restriction under OCGA 35-3-37. For arrests on or after July 1, 2013 that close without a conviction, restriction is often automatic once the court notifies GCIC; for pre-2013 arrests, you apply at the arresting agency.
Misdemeanor conviction sealing under SB 288
Effective January 1, 2021, you may petition a court to restrict and seal up to two misdemeanor convictions after completing the sentence, staying conviction-free for four years, and having no pending charges. The court weighs privacy against the public interest, and the prosecutor may object (OCGA 35-3-37).
Waiting period by relief type
Non-conviction restriction: no set waiting period, and it may be automatic. Misdemeanor conviction sealing under SB 288: four years conviction-free after completing the sentence. First Offender sealing (OCGA 42-8-62.1): available after discharge without adjudication of guilt on completion of the first-offender sentence.
Excluded offenses
DUI and other serious traffic offenses, family violence offenses, sexual offenses, and offenses against minors are excluded from misdemeanor restriction and sealing under SB 288. Serious violent felonies and sex offenses cannot be restricted and sealed even after a pardon (OCGA 35-3-37).
Clean-slate status and repository
Georgia has partial automatic relief: many post-July 1, 2013 non-conviction arrests are restricted automatically, but conviction sealing and older-record restriction require a petition or application. The Georgia Bureau of Investigation, through the Georgia Crime Information Center (GCIC), is the state repository that updates the record.
Suggested Compliance Checklist
Confirm the correct Georgia relief and eligibility
Before you apply or file days after startingDetermine whether your record qualifies for restriction under OCGA 35-3-37, misdemeanor sealing under SB 288 after four years crime-free, or First Offender sealing under OCGA 42-8-62.1. Confirm the offense is not excluded, such as DUI, family violence, a sexual offense, or a crime against a minor, before spending time or money.
Order your Georgia criminal history record
Early in the process days after startingRequest your GCIC criminal history through the Georgia Bureau of Investigation or an authorized vendor so you can see how each arrest and disposition appears. Identify which entries are already restricted and which still show as public, which tells you exactly what relief you still need to pursue.
Prepare the correct application or court petition
Before filing days after startingFor older non-conviction records, complete the GBI/GCIC Request to Restrict Arrest Record form with the arresting agency and prosecutor sections. For misdemeanor sealing under SB 288 or First Offender sealing under OCGA 42-8-62.1, prepare a petition for the court that handled the case, and confirm local court requirements.
File with the correct Georgia court or agency and address the fee
When your paperwork is complete days after startingFile a sealing petition in the court of prosecution, or submit the approved restriction form with the 25 dollar GCIC fee and any arresting-agency fee up to 50 dollars. Serve the prosecutor where required and attend any hearing. Ask the court about a fee waiver if you cannot afford the filing cost.
Verify the record was updated with GCIC
After the order or approval days after startingConfirm the Georgia Crime Information Center actually restricted or sealed the entry, since court records and the GCIC database are separate. Order a fresh copy of your Georgia criminal history to verify. An attorney can help if a prosecutor objects, an entry is excluded, or the record is not updated correctly.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the correct Georgia relief and eligibility | Determine whether your record qualifies for restriction under OCGA 35-3-37, misdemeanor sealing under SB 288 after four years crime-free, or First Offender sealing under OCGA 42-8-62.1. Confirm the offense is not excluded, such as DUI, family violence, a sexual offense, or a crime against a minor, before spending time or money. | - | Before you apply or file |
| Order your Georgia criminal history record | Request your GCIC criminal history through the Georgia Bureau of Investigation or an authorized vendor so you can see how each arrest and disposition appears. Identify which entries are already restricted and which still show as public, which tells you exactly what relief you still need to pursue. | - | Early in the process |
| Prepare the correct application or court petition | For older non-conviction records, complete the GBI/GCIC Request to Restrict Arrest Record form with the arresting agency and prosecutor sections. For misdemeanor sealing under SB 288 or First Offender sealing under OCGA 42-8-62.1, prepare a petition for the court that handled the case, and confirm local court requirements. | - | Before filing |
| File with the correct Georgia court or agency and address the fee | File a sealing petition in the court of prosecution, or submit the approved restriction form with the 25 dollar GCIC fee and any arresting-agency fee up to 50 dollars. Serve the prosecutor where required and attend any hearing. Ask the court about a fee waiver if you cannot afford the filing cost. | - | When your paperwork is complete |
| Verify the record was updated with GCIC | Confirm the Georgia Crime Information Center actually restricted or sealed the entry, since court records and the GCIC database are separate. Order a fresh copy of your Georgia criminal history to verify. An attorney can help if a prosecutor objects, an entry is excluded, or the record is not updated correctly. | - | After the order or approval |
Frequently Asked Questions
For older non-conviction arrests, the arresting agency may charge a processing fee up to 50 dollars, and GCIC charges 25 dollars to update the record. Court petitions to seal a misdemeanor conviction under SB 288 or a first-offender record carry the court's civil filing fee, which varies by county. Ask the court about a fee waiver if you cannot afford it.
It varies. For arrests on or after July 1, 2013 that end without a conviction, restriction is often automatic and may already be in place. Applications for older records and court petitions to seal convictions can take weeks to several months, depending on the arresting agency, prosecutor review, court scheduling, and how quickly GCIC processes the update.
Yes, in many cases. Georgia record restriction limits public and most private access, so the entry generally will not appear on standard employment or housing background checks. But criminal justice agencies, courts, and certain licensing or regulatory bodies can still access restricted records, and sealing under SB 288 adds protection but is not a guaranteed full erasure.
This is fact-specific, so treat it carefully. Once a record is restricted or sealed in Georgia, it generally should not surface on a routine background check, but the record still exists and some agencies can see it. Georgia and federal rules on what an employer may ask differ by context, and an attorney can help you answer accurately without misstating your history.
No. Under Georgia's Second Chance Law, DUI and other serious traffic offenses are expressly excluded from misdemeanor restriction and sealing under OCGA 35-3-37. Family violence offenses, sexual offenses, and crimes against minors are also excluded. A DUI conviction generally stays on your Georgia criminal history, which is why eligibility should be confirmed before filing.
Other Georgia guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.