Georgia: Adult Non-Conviction Arrests (GA-NC-6)

Records relating to an arrest resulting in an acquittal are restricted by the Georgia Crime Information Center, unless the prosecuting attorney demonstrates to the trial court that the harm inflicted upon the individual is clearly outweighed by the public interest in the records being publicly available. Ga. Code Ann. § 35-3-37(h)(2)(E).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

See 35-3-37(i)(2) and (3) for information ineligible for restriction following acquittal.

Procedure General

The Georgia Crime Information Center restricts access to the record when it receives notice of acquittal unless, within 10 days of the verdict, the prosecuting attorney demonstrates to the trial court that the record should remain public. Ga. Code Ann. § 35-3-37(h)(2)(E). 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 10 days after acquittal.

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