Georgia: Adult Convictions (GA-C-2)

Records relating to a misdemeanor or series of misdemeanors arising from a single incident can be restricted by the court four years after sentence completion if the defendant has not been arrested for at least four years, excluding arrests for non-serious traffic offenses. Ga. Code Ann. § 35-3-37(j)(4)(A).

Record Detail(s)

Youthful offense

Misdemeanor

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

See Ga. Code Ann. § 35-3-37(j)(2) for offenses ineligible for restriction.

Procedure General

The petition must be filed in the superior court in the county where the conviction occurred. For the specific procedure, see Ga. Code Ann. § 35-3-37(j)(4). Thereafter a petition can be filed with the court to seal all criminal history record information maintained by the clerk of the court for such person's charge. Ga. Code Ann. § 35-3-37(m). Click here for more information. Request can be made to restrict access to the appropriate court or detention center records. Click here for more information. An individual shall be limited to filing a petition under this paragraph to a lifetime maximum of requesting record restriction on two convictions for a misdemeanor or a series of misdemeanors arising from a single incident. Ga. Code Ann. § 35-3-37(j)(4)(C).

Fees

There is no statutory language regarding fees.

Effect

Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6).

Waiting Periods

The petition can be filed five years after sentence completion.

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