The law in Georgia regarding record restriction offers a second chance for many residents. While the term “expungement” is sometimes used interchangeably, Georgia uses “record restriction,” which limits access to your criminal history for non-criminal justice purposes.
A 2021 law expanded eligibility for record restriction. Now, more people can benefit from having their records restricted, opening doors to housing, employment, and educational opportunities. However, the process can be complex and time-consuming. It’s important to understand the steps involved and seek guidance from a qualified attorney.
RECORD RESTRICTIONS
The new law expands on the previous law. It allows for record restrictions and Clerk of Court Records sealing for certain misdemeanor defenses if you have not been convicted for any other charges since.
You can apply to have your records restricted if it has been four years since you have completed your sentence or if the misdemeanor must have taken place before your 21st birthday.
However, some misdemeanors do not qualify for record restrictions. A few examples include:
- Serious Traffic Offenses
- Sex Crimes
- Family Violence Battery or Simple Battery
- Cruelty to Children in the Third Degree, Second Degree, or First Degree.
BENEFITS OF RECORD RESTRICTION
Having your record restricted in Georgia can provide numerous benefits for those with a criminal history. Some of these include:
- Increased chances of employment: Many employers conduct background checks before hiring, and having a clean record can increase your chances of getting hired.
- Improved housing opportunities: Landlords often run background checks on potential tenants, and having a clean record can make you a more attractive candidate for rental properties.
- Eligibility for professional licenses: Some professions require background checks and a clean record may be necessary for obtaining professional licenses.
- Better access to education: Many universities and colleges also conduct background checks on applicants, and a clean record can improve your chances of being accepted.
If your record is not restricted, it may continue to impact your future opportunities and hinder your ability to move forward from past mistakes. An experienced attorney at Frye Law Group can help you navigate the record restriction process and provide guidance on how to best present your case for a favorable outcome.