Georgia: Adult Non-Conviction Arrests (GA-NC-8)

Records relating to a felony arrest that was dismissed, nolle prossed, or for which the petitioner was found not guilty but was convicted of a misdemeanor offense that was not a lesser included offense of the felony charge, can be restricted by the court within four years of the arrest. Ga. Code Ann. § 35-3-37(j)(1).

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

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 in which he or she was accused or convicted, as applicable, or, if such charge was dismissed, the superior court in the county where the arrest occurred. A hearing, if requested, will be held within 90 days of the filing of the petition. For the specific procedure, see Ga. Code Ann. § 35-3-3(j)(1). Thereafter, a written request must be submitted to the appropriate jail or detention center to restrict all records maintained by that agency. Ga. Code Ann. § 35-3-37(k)(2). 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. Request can be made to restrict access to the county or municipal 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).

Waiting Periods

The petition must be filed within four years of the arrest.

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