So, if you’ve ever been arrested, charged, or convicted of a domestic violence crime, it will show up on your criminal record when someone conducts a background check.
However, there is an option to get this information removed from your record. In the state of Georgia, under certain circumstances, you can apply for a record restriction.
If granted, this means that certain charges or domestic violence convictions on your criminal record will be sealed from public access, and only law enforcement will be able to see them.
The terms “expungement” and “record restriction” are often used interchangeably. “Expungement” has a slightly different meaning and actually isn’t possible in Georgia.
So the correct term to use is “record restriction,” but if someone talks about expunging your criminal records, they probably mean the same thing.
There are a few circumstances under which you may be eligible to have your criminal records sealed/restricted in Georgia:
- If you were arrested but no charges were filed against you,
- If your charges were dismissed,
- If you completed a diversion program or pre-trial intervention program and the charges were dismissed,
- If you were acquitted after trial,
- If your conviction was reversed on appeal.
Read on to find out more about how a record restriction can impact your criminal record and background checks in Georgia.
Record Restriction: What It Means For Your Criminal Record
As mentioned before, record restriction means that certain charges or convictions will be sealed from public access. This means that, barring some exceptions, the general public (including employers) will not be able to see these charges/convictions when conducting a background check.
However, there are a few important things to note:
- Law Enforcement: Law enforcement agencies will still have access to your full criminal record, including any restricted information. So, if you apply for a job in law enforcement, they will be able to see your full record.
- Certain employers and agencies: There are some exceptions where certain employers or agencies may still have access to restricted information. These include:
- Government agencies conducting background checks for government-related positions,
- Certain licensing agencies (e.g., medical board, bar association),
- Employers in industries that require extensive background checks (e.g., banking, security).
- Public records: Even though the charges/convictions will not show up on a standard criminal background check, they may still appear on public records websites or databases. This is because these websites often pull information from past records and do not update them with restricted information.
Types of Background Checks and What They Show
Employment Background Checks
Employers often use third-party consumer reporting agencies to run criminal background checks, which can reveal pending charges, convictions, and sometimes arrests. Federal law under the Fair Credit Reporting Act (FCRA) requires consent but offers little protection if the information is accurate.
Housing and Landlord Screening
Landlords may deny housing based on a domestic violence record, particularly if it involves felony convictions or active probation.
Vulnerable Sectors and Government Checks
Government agencies and employers working with children, healthcare, or the elderly may access more detailed criminal histories, even sealed records in some cases.
Conviction Vs. Non-Conviction Records
A criminal conviction—including guilty pleas and trial verdicts—will appear on most background checks unless sealed. However, a non-conviction outcome (e.g., charges dismissed, not prosecuted, or acquitted) may still be visible on certain reports.
Even if the case did not result in a conviction, records of the domestic violence case can persist unless formally restricted or expunged. This can affect legal representation, job applications, and more.
How A Domestic Violence Charge Can Impact Your Background Check
Having a domestic violence charge on your record can have serious consequences, especially when it comes to background checks. Some potential impacts include:
- Difficulty obtaining certain jobs: Many employers conduct criminal background checks as part of their hiring process. If they see a domestic violence charge on your record, they may be hesitant to hire you.
- Difficulty obtaining housing: Landlords also commonly run background checks on potential tenants. If they see a domestic violence charge, they may reject your rental application.
- Difficulty obtaining loans: Some banks and lenders may also run background checks on loan applicants. A domestic violence charge can make you seem like a risky borrower and affect your chances of getting approved.
- Difficulty obtaining professional licenses: As mentioned earlier, certain licensing agencies may still have access to restricted information. This means that a domestic violence charge could impact your ability to obtain or renew a professional license in industries such as medicine or law.
If you are facing domestic violence charges, it is crucial to seek the help of an experienced criminal defense attorney at Frye Law Group. They can review your case and determine if you are eligible for record restriction or other legal options to clear your criminal history. Don’t let a domestic violence conviction continue to haunt you – take action today.