Georgia: Adult Diversion/Deferral Program (GA-D-2)

Records relating to a case dismissed or nolle prossed following successful completion of a drug court treatment program, mental health treatment program, or veterans treatment program are restricted by the Georgia Crime Information Center if the defendant was not arrested during the program, excluding a non-serious traffic offense. Ga. Code Ann. § 35-3-37(h)(2)(D).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Ineligible Category or Citation

This section applies only to offenses dismissed or nolled prossed after completion of a drug court treatment program, mental health treatment program, or veterans treatment program. Ga. Code Ann. § 35-3-37(h)(2)(D).

Procedure General

The Georgia Crime Information Center restricts access to the record when it receives notice of case dismissal. For the specific procedure, see Ga. Code Ann. § 35-3-37(h). Thereafter, a petition can be filed with the court to seal all criminal history record information maintained by the clerk of the court for the person's charge. Ga. Code Ann. § 35-3-37(m). Click here for more information. The request can be made to restrict access to county or municipal court or detention center records. Click here for more information.

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), (k).

Waiting Periods

The record is restricted upon notice of case dismissal.

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