Georgia: Adult Non-Conviction Arrests (GA-NC-5)

Records relating to an arrest where the accusation or indictment is dismissed, nolle prossed, or reduced to a violation of a local ordinance are restricted by the Georgia Crime Information Center, so long as all criteria are met. Ga. Code Ann. § 35-3-37(h)(2)(A), (E).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

See 35-3-37(i) for information ineligible for restriction following dismissal or nolle prosequi.

Procedure General

The Georgia Crime Information Center restricts access to the record when it receives notice of case dismissal or nolle prosequi. 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 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), (k).

Waiting Periods

The record is restricted upon dismissal or nolle prosequi.

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