Clearing Your Record in Georgia: How Record Restriction (Expungement) Can Give You a Second Chance

A criminal record can hang over your head for years, even after you have turned your life around. In Georgia, many people hear the term “expungement” and think it means the record is erased forever. Georgia uses what is called record restriction, which hides eligible records from public view. 

Who Can Get Their Record Restricted?

Not every record can be restricted. If your case was dismissed, not prosecuted, or you were found not guilty, you can often start this process. People who finished a first offender or conditional discharge program without slipping up also have a strong chance.

Juveniles get a second chance, too. For example, if you were under 21 and completed your sentence for certain misdemeanors, you might qualify as long as you stayed out of serious trouble for at least five years. 

As per Georgia’s Second Chance Law, passed in 2020, even some misdemeanor convictions can now be restricted if you meet specific conditions. Still, there are limits. Crimes like family violence or certain sexual offenses usually stay on your record.

How the Process Works and What to Expect

The actual steps depend on when your arrest happened. For arrests before July 1, 2013, you start with the arresting agency. For arrests on or after July 1, 2013, you apply through the prosecutor’s office. If they approve, your paperwork heads to the Georgia Crime Information Center (GCIC), which finalizes the restriction and updates the record.

If denied, you can appeal to the Superior Court within 30 days. You will also need to pull together court records, ID copies, and sometimes letters showing good behavior. Expect to pay about $50 to the prosecutor and $25 to GCIC.

Let Us Help You Build a Real Second Chance

At Morris & Dean, we know how hard it is to move past an old record. We have seen clients miss out on jobs or housing just because of past mistakes. We help people across North Georgia figure out if they qualify and guide them step by step.

If you feel like your record keeps holding you back, schedule a free initial consultation by calling us at 706-222-3790 or contact us online today.