How do I expunge a criminal record in Georgia?

Georgia uses record restriction rather than expungement under OCGA § 35-3-37.

1. Record Restriction — Non-Conviction Cases

Automatic restriction applies when:

Arrested but not charged (after 2 years for misdemeanors, 4 years for most felonies, 7 years for serious violent felonies).

Charges dismissed, dead-docketed for 12 months, or you were acquitted.

Successful completion of conditional discharge (OCGA § 16-13-2) for first-time drug offenses.

2. Misdemeanor Conviction Restriction — SB 288 (2020)

Effective January 1, 2021, individuals may petition to restrict up to 2 misdemeanor convictions (not crimes of moral turpitude or other excluded offenses).

Waiting period: 4 years after completion of sentence.

No new convictions during the waiting period.

File petition in convicting court; prosecutor may object.

3. Excluded from Restriction

DUI convictions.

Family violence battery.

Sexual offenses.

Crimes against minors.

Theft, public indecency, criminal trespass (limited).

4. Felony Convictions

Generally not restrictable under § 35-3-37.

Only relief is a pardon from the State Board of Pardons & Paroles (after 5 years post-completion of sentence) — but a pardon does not erase the record, it merely forgives the offense.

5. First Offender Act — OCGA § 42-8-60

If sentenced under the First Offender Act and successfully completed, no conviction is entered, and records may be restricted retroactively.

SB 288 expanded retroactive First Offender treatment.

6. Procedure

For automatic restriction: contact arresting agency / GBI Crime Information Center.

For petition restriction: file in court of conviction; serve prosecutor and law enforcement.

Filing fees vary by county.

This is legal information, not legal advice.