GEORGIA
How to Clear Your Criminal Record
in Georgia
A free, plain English guide to record restriction, the First Offender Act, and your options for clearing a Georgia criminal record.
What You Need to Know First
Georgia does not use the word "expungement." Georgia replaced expungement with "record restriction" in 2013. Record restriction limits public access to your criminal history — employers and landlords generally cannot see it — but the record is not destroyed. Law enforcement retains access.
Georgia has three main pathways for clearing or restricting a criminal record. The right path depends on whether you were convicted, how you were sentenced, and what offense you were charged with.
Record Restriction
O.C.G.A. § 35-3-37
Limits public access to your arrest and criminal history records. Available for non-convictions, certain misdemeanors after 4 years, and pardoned felonies. Records remain visible to law enforcement but disappear from most background checks.
First Offender Act
O.C.G.A. § 42-8-60
For first-time offenders — plead guilty, complete probation, and walk away without a conviction. Upon discharge, your record is restricted and you are not legally considered convicted. Can only be used once in a lifetime.
Pardon + Restriction
BOARD OF PARDONS AND PAROLES
For felony convictions — the primary pathway to restrict a felony record. Apply to the Georgia Board of Pardons and Paroles for a pardon first. Once pardoned, you can petition the court to restrict the record. Does not apply to serious violent felonies or sex offenses.
What Can — and Can't — Be Restricted
ELIGIBLE FOR RESTRICTION
- Dismissed charges — automatic for arrests after July 1, 2013
- Acquittals — not guilty verdicts
- Nolle prossed cases — prosecutor declined to prosecute
- Most misdemeanor convictions — after 4-year waiting period
- First Offender Act completions — upon discharge
- Drug possession — first offender conditional discharge
- Pardoned felony convictions — after pardon is granted
- Human trafficking victims — all offenses committed as a result of trafficking
NOT ELIGIBLE FOR RESTRICTION
- Most felony convictions (without a pardon)
- Serious violent felonies — even with a pardon
- Sex offenses — even with a pardon
- DUI convictions
- Family violence offenses
- Certain major traffic violations
- Currently charged with a criminal offense
- Any new conviction during the waiting period
Georgia limits misdemeanor restriction to two per lifetime. Choose carefully — once you use both, no further misdemeanor restrictions are available regardless of the offense.
Waiting Periods
Dismissed charges / acquittals — automatic restriction
Immediately
First Offender Act — restriction upon discharge
Upon completion
Misdemeanor conviction — petition restriction
4 years
Felony — pardon eligibility (before petition)
5 years after sentence
For misdemeanor restriction — the 4-year waiting period runs from the date sentence was imposed. You must have no other convictions (except minor traffic offenses) during those 4 years and no pending charges.
The First Offender Act — Georgia's Most Powerful Tool
If you are facing your first felony or misdemeanor charge and have no prior felony convictions, the First Offender Act may allow you to plead guilty, complete probation, and walk away without a conviction on your permanent record. This is one of the most valuable tools in Georgia criminal law.
Under O.C.G.A. § 42-8-60, the court places you on probation without entering a formal conviction. If you successfully complete all probation terms — including any fines, restitution, and community service — the court discharges you and exonerates you of guilt. You are not legally considered to have a criminal conviction.
FIRST OFFENDER ELIGIBILITY
- No prior felony convictions in any state
- Have not previously used the First Offender Act
- Charge is not a disqualifying offense
- Available for both felonies and misdemeanors
- Court must be advised of eligibility at sentencing
EXCLUDED FROM FIRST OFFENDER
- Serious violent felonies
- Sexual offenses
- Child pornography offenses
- Prior felony conviction in any state
- Previously used First Offender Act
Retroactive First Offender — If you were eligible for First Offender status at sentencing but were never advised of it, you can petition the court to retroactively grant First Offender status under O.C.G.A. § 42-8-66 — even years after your conviction. You must get consent from the prosecutor first. If granted, it effectively sets aside your conviction and opens the door to record restriction.
How to File — Step by Step
The process depends on your situation. Here is the general pathway for non-conviction record restriction — the most common route.
1
Check Your Georgia Criminal History
Request a copy of your Georgia criminal history from the Georgia Bureau of Investigation (GBI) at
gbi.georgia.gov. This shows exactly what's on your record and whether restrictions have already been applied.
2
Dismissed Cases — Contact the Prosecutor
For arrests after July 1, 2013 where charges were dismissed, contact the prosecuting attorney's office directly — there is no formal application required. The prosecutor may have already restricted the record automatically. If not, request restriction in writing.
3
Pre-2013 Arrests — Apply at the Arresting Agency
For arrests before July 1, 2013, you must apply for restriction at the arresting agency. Download the Request to Restrict Arrest Record form from GBI at
gbi.georgia.gov. A fee of up to $50 may apply.
4
Misdemeanor Conviction Restriction — Petition the Court
After 4 years with no new convictions, submit your record restriction request to the court where the original conviction occurred. The court may set a hearing. You must have completed your sentence and have no pending charges.
5
Felony — Apply for a Pardon First
For felony convictions, apply to the Georgia Board of Pardons and Paroles electronically at
pap.georgia.gov. You must be at least 5 years past completing your sentence with no new convictions. Once a pardon is granted, petition the court for record restriction.
6
Sealing — Additional Step for Full Protection
After a record is restricted, you can petition the court to seal the restricted record under O.C.G.A. § 35-3-37(m). The court must find that the harm to you outweighs the public's need to know. Sealing provides the strongest protection — a sealed record cannot be accessed even by most authorized agencies.
Official Forms and Resources
Helpful Resources
FREE LEGAL HELP
Georgia Justice Project
Free legal help with record restriction, First Offender petitions, and reentry support throughout Georgia
gjp.org →
FREE LEGAL HELP
Georgia Legal Aid
Free civil legal assistance for low-income Georgians — including criminal record help
georgialegalaid.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
FIRST OFFENDER HELP
Georgia Justice Project — First Offender Guide
Plain English guide to the First Offender Act, eligibility, and how to use it
gjp.org →
COURT LOCATIONS
Georgia Courts
Find your county Superior Court or State Court clerk's office
georgiacourts.gov →
Frequently Asked Questions
Does Georgia have expungement? +
Not in the traditional sense. Georgia replaced expungement with "record restriction" in 2013. Record restriction limits who can see your record — most employers and landlords cannot access it — but the record is not destroyed. Law enforcement retains access. For most practical purposes, record restriction accomplishes what expungement does in other states.
Can a felony be restricted in Georgia? +
Yes — but only through a pardon first. Most felony convictions require you to apply to the Georgia Board of Pardons and Paroles, wait at least 5 years after completing your sentence, and then petition the court for restriction after the pardon is granted. Serious violent felonies and sex offenses cannot be restricted even with a pardon.
What is the First Offender Act and who qualifies? +
The First Offender Act allows eligible first-time offenders to plead guilty and complete probation without receiving a permanent conviction. If you successfully complete all probation terms, you are discharged and exonerated — legally not considered convicted. You must have no prior felony convictions in any state, must not have used the Act before, and your charge must not be a disqualifying serious violent or sexual offense. It can only be used once in a lifetime.
Can I legally say I was never convicted after restriction? +
For First Offender Act completions — yes, you are legally considered not to have a conviction and can say so on most job applications. For record restriction of a conviction — the conviction still exists and is accessible to law enforcement. However, most private employers will not see it. For specific situations like government jobs or professional licensing, you should consult an attorney about your disclosure obligations.
Will my record show on a background check after restriction? +
Generally no — restricted records do not appear on most private employer background checks. However, private background check companies do not always honor restrictions immediately, and some may use outdated data. Keep a copy of your restriction order and dispute any records that still appear. Note that private background check vendors have been documented as inconsistently complying with Georgia restriction requirements, particularly for First Offender cases.
Do I need an attorney? +
For simple non-conviction restrictions of post-2013 arrests, you may be able to handle the process by contacting the prosecutor directly. For misdemeanor conviction restriction petitions, First Offender retroactive petitions, pardon applications, or anything involving felonies — working with a Georgia attorney is strongly recommended. The Georgia Justice Project offers free help for those who qualify.
After Your Record Is Restricted
After record restriction in Georgia, your criminal history will not appear on most private employer or landlord background checks. For First Offender completions, you are legally not considered to have a conviction and can answer accordingly on most job applications.
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Employment
Restricted records do not appear on most background checks. Georgia's ban-the-box law restricts when public employers can ask about criminal history. First Offender completions allow you to legally deny a conviction on most private job applications. Law enforcement employers and positions regulated by state or federal law may still have access.
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Gun Rights
Record restriction of a non-conviction generally leaves gun rights intact. First Offender completions — since there is no formal conviction — generally do not affect gun rights. Restriction of a pardoned felony conviction does not restore federal firearms rights under federal law. Consult a licensed Georgia attorney before purchasing or possessing a firearm if you have any felony history.
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Professional Licensing
Some Georgia professional licensing boards retain access to restricted records. Healthcare, law, education, and childcare boards may still consider your history. Contact the specific licensing board before applying and check their specific disclosure requirements.
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Background Check Databases
Private background check companies in Georgia have documented compliance gaps — some may still show restricted records due to outdated data. Keep your restriction order and dispute any records that appear. If the problem persists, contact the Georgia Justice Project for assistance.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
