Georgia: Adult Non-Conviction Arrests (GA-NC-1)

Records of an arrest for which no indictment, accusation, or charge was filed are restricted if the case is closed by the arresting law enforcement agency and never referred for prosecution. Ga. Code Ann. § 35-3-37(h)(1)(A)(i).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The head of the arresting law enforcement agency is to notify the Georgia Crime Information Center within 30 days of the case decision. A copy of the notice of restriction is then sent to the accused and the accused's attorney within seven days. Ga. Code Ann. § 35-3-37(h)(1). 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. A request can be made to restrict access to the appropriate 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 for employment with criminal justice agencies, and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). If the center receives notice of the filing of an indictment subsequent to the restriction of the record, the center will make the record available. If the center does not receive notice of a charging instrument within 30 days, such record will be restricted for noncriminal justice purposes and will be considered sealed. Ga. Code Ann. § 35-3-37(h)(1).

Waiting Periods

The record is restricted by the Georgia Crime Information Center within 30 days of the case decision.

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