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Georgia: Adult Non-Conviction Arrests (GA-NC-9)

Georgia: Adult Non-Conviction Arrests (GA-NC-9)

Records relating to an arrest that did not result in conviction occurring before July 1, 2013 can be restricted by the arresting law enforcement agency if the request meets the criteria set forth in section 35-3-37(j). Ga. Code Ann. § 35-3-37(n).
Record Detail(s)
Charges resolved in favor of defendant
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Discretionary
Hearing
Yes, if requested
Clearance Process
By petition or court's own motion
Remedy
Shield
Ineligible Category or Citation
The request to restrict the record must comply with subsection (h). § 35-3-37(n)(2).
Procedure General
A written request must be submitted to the arresting law enforcement agency. The arresting agency provides a copy of the request to the prosecuting attorney, who will provide an answer to the request within 90 days of receiving the copy. If the prosecuting attorney denies the request, a reason and supporting documentation must be provided in writing. If an individual's request is denied, the individual may then file a civil action in the superior court where the entity is located. For the specific procedure, see Ga. Code Ann. § 35-3-37(n). 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 county or municipal court or detention center records. Click here for more information.
Fees
Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00.
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).
Forms
The application to expunge records In Georgia regarding arrests that occurred prior to July 1, 2013 is here.
Waiting Periods
The written request can be submitted at any time.