Before 2013, Georgia used the term “expungement” to refer to the process of sealing off public records. On July 1, 2013, however, a new law went into effect, altering the process altogether.
Now, expungements are referred to as “record restrictions.”
This terminology is more accurate because the word “expungement” means that the records are destroyed entirely, which isn’t possible in Georgia. The effects of expungement and record restriction may be the same for the most part, but to avoid confusion, we use the updated terms in all cases.
As of 2013, if you get your criminal record restricted for a certain indictment or charge, all public records of that indictment will be removed. So potential employers, landlords, schools, and banks won’t be able to access your records– only law enforcement will be able to.
Understand The Process And Benefits Of Record Restrictions
Georgia offers record restriction, a process that limits access to certain criminal history records. This can be beneficial for those seeking to move forward after a past mistake.
Here’s a breakdown of the process and benefits:
What Gets Restricted?
- Arrests that didn’t lead to convictions
- Certain misdemeanors (up to two, with limitations)
- Qualifying felony convictions under specific circumstances (e.g., pardoned, human trafficking victim)
Who Can Apply?
Eligibility depends on the type of record and when the case happened. Generally, you can apply if:
- You weren’t convicted, or the charges were dismissed.
- You completed your sentence for a qualifying misdemeanor or felony.
- You received a pardon for a specific felony.
The Restriction Process:
The process varies depending on the arrest/conviction date:
- Before July 1, 2013: Apply to the arresting agency using a form from the Georgia Bureau of Investigation (GBI).
- On or After July 1, 2013: Contact the prosecuting attorney’s office that handled your case.
Benefits of Restriction:
- Increased Chancen (chances) of getting a job or housing.
- Reduced barriers to professional licensing.
- Easier access to loans and education.
- A chance to move forward with a clean slate.
Get Started Today!
If you believe you may be eligible for record restriction in Georgia, don’t hesitate to start the process. It’s important to take advantage of this opportunity to move forward and have a fresh start.
Here are some steps to get started:
- Review your criminal history record with the GBI.
- Determine your eligibility according to Georgia law.
- Gather all necessary documents (e.g., official criminal history report) and information.
- Complete and submit an application to the appropriate agency.
- Follow up with the agency and provide any additional information they may request.
- Await approval and follow all restrictions once granted.
Don’t let past mistakes hold you back any longer. With record restriction laws in Georgia, there is a chance for a fresh start and to move forward with your life. Contact the appropriate agency or an experienced attorney today to see if you are eligible and begin the process. Your future is waiting.