Georgia: Adult Non-Conviction Arrests (GA-NC-2)

Records of an arrest for a misdemeanor or a misdemeanor of a high and aggravated nature are restricted by the Georgia Crime Information Center two years after arrest if, in that time, the case is not transferred or referred for prosecution or the grand jury returns a no bill without further action. Ga. Code Ann. § 35-3-37(h)(1)(A)(ii)(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

This section applies only to arrests for misdemeanors and misdemeanors of a high and aggravated nature.

Procedure General

The Georgia Crime Information Center will restrict access to the record when it does not receive notice, within two years, from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency. 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. 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, or 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 two years after arrest if the conditions are satisfied.

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