CRIMINAL RECORD RESTRICTION IN GEORGIA
If you have a prior charge on your otherwise clean record, you may be able to get a record restriction.
The record restriction process depends on the record, case outcome and applicable relief route. Ask counsel which agency, prosecutor or court procedure applies.
Record Restriction Georgia
When you go to apply for a job or try to get a new driving license, you may run into trouble if you have a past arrest on your record. For eligible arrest records, Georgia record restriction limits disclosure for non-criminal justice purposes. Judicial officials and criminal justice agencies can retain access under the applicable rules. Restriction does not guarantee a job or a driving license. See the GBI criminal history FAQ for the access rules.
The request process depends on the record and applicable relief route. Review the case disposition and current agency, prosecutor or court instructions before deciding how to proceed.
You may also reapply if your previous record restriction in Georgia was rejected. Contact TT Attorney, an experienced lawyer firm in criminal record restrictions, for assistance in navigating the process and improving your chances of approval.
Who Is Eligible for Record Restriction in Georgia?
Eligibility depends on the offense, case disposition and specific relief process. Have counsel review the record and relevant history before deciding whether and how to request restriction. Prepare these record details for that review:
- The arrest date and the type of record
- The final case disposition
- The sentence and its completion history
- Pending cases and prior convictions
- The applicable restriction or sealing process
Pending cases, prior convictions and sentence history need to be assessed under the particular relief route. These review topics are not sufficient legal eligibility criteria. See the GBI arrest-record restriction guidance
and have counsel assess the applicable law.
The Georgia Record Restriction Application Process
Review your arrest date and final case disposition before requesting restriction. The appropriate agency, prosecutor or court process and required documents depend on the relief route.
Ask counsel to review which process applies and keep copies of the case disposition and any restriction decision. Consult the GBI arrest-record restriction guidance
for its application instructions.
Under O.C.G.A. §35-3-37, certain criminal history records can be restricted for non-criminal justice purposes with prosecutorial approval. For arrests after July 1, 2013, you must contact the prosecutor directly for restriction. For arrests before that date, an application must be submitted to the arresting agency.
Is Record Restriction Worth it?
Restriction may reduce some record-related barriers. Its effect on employment or licensing depends on the record, position and applicable rules; it does not guarantee approval.
Don’t let a past mistake haunt you – talk to our TT Attorney team about restriction today. Contact us today and tell us about your case.
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