Georgia: Adult Non-Conviction Arrests (GA-NC-7)

Records relating to a case that has been on the dead docket for more than 12 months can be restricted at the discretion of the court, unless an active warrant is pending for the petitioner. Ga. Code Ann. § 35-3-37(j)(3).

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the superior court where the case is pending. A hearing, if requested, will be held within 90 days of the filing of the petition. For the specific procedure, see Ga. Code Ann. § 35-3-37(j)(3). 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, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k).

Waiting Periods

The record is restricted if it has been on the dead docket for 12 months.

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