Record Restriction in Georgia: What Can Actually Be Cleared
Quick answer
Georgia no longer uses the term expungement — the process is called record restriction, under O.C.G.A. § 35-3-37. Non-conviction records are the most straightforward to restrict. Since SB 288 took effect on January 1, 2021, Georgia also allows a petition to restrict a limited number of misdemeanor convictions, generally four years after the sentence is completed, with a clean record in the interim and specific offenses excluded.
- Statute
- O.C.G.A. § 35-3-37
- Key change
- SB 288, effective Jan 1, 2021
- Misdemeanor convictions
- Limited number, by petition
- Waiting period
- Generally 4 years after completion
- Excluded
- DUI, family violence, sexual offenses, offenses against minors
- Felony convictions
- Rarely restrictable
What restriction actually does
Record restriction limits access to your criminal history record so that it does not appear on most background checks conducted by employers, landlords and licensing bodies.
It is not deletion. Law enforcement and certain agencies retain access. But for the practical purposes that affect daily life — a job application, a lease, a licensing form — restriction is what matters.
The easy cases: non-convictions
Charges that did not result in conviction are the most straightforward category. Dismissals, nolle prosequi, acquittals, dead-docketed cases and charges never formally brought are generally eligible, subject to the statute's conditions.
Successfully completed pretrial diversion and conditional discharge under O.C.G.A. § 16-13-2 also generally support restriction, as does a discharge under the First Offender Act, O.C.G.A. § 42-8-60.
This is the strongest practical argument for fighting a charge rather than accepting a quick conviction. A dismissal can usually be cleared. A conviction usually cannot.
What SB 288 changed
Before January 1, 2021, Georgia offered essentially no route to restrict an adult misdemeanor conviction. SB 288 added a court-petition process for qualifying misdemeanor convictions.
To petition, the general requirements are that the conviction was for a misdemeanor (or misdemeanors arising from a single incident), that all terms of the sentence including probation, fines and restitution are complete, that at least four years have passed since completion with no new convictions in any jurisdiction, that no charges are currently pending, and that the offense is not excluded.
The number of convictions that may be restricted this way over a lifetime is limited, so it is worth using deliberately.
What is excluded
Several categories are carved out and cannot be restricted through this route. These generally include DUI convictions, family violence offenses, sexual offenses, and offenses against minors.
The DUI exclusion is the one that surprises people most. A Georgia DUI conviction is permanent — it cannot be restricted or expunged, which is the single strongest argument for contesting a DUI charge rather than resolving it quickly.
Felony convictions are generally not restrictable at all under current law, unless the case was handled under the First Offender Act or the conviction was reversed on appeal.
How to petition
For a qualifying misdemeanor conviction, the petition is filed in the court where the conviction occurred, with a copy served on the prosecuting attorney, along with documentation showing the sentence was completed and the intervening period is clean.
The court considers whether the harm to your privacy or barriers to employment outweigh the public interest in the record remaining accessible. It is not automatic, and how the petition is presented affects the outcome.
For non-conviction records, the process differs and is often more administrative than adversarial.
The order of operations
Restriction is a repair. Avoiding a conviction is a prevention, and it is far cheaper.
If you are currently facing a charge, the right sequence is to pursue dismissal, diversion, conditional discharge or First Offender treatment now — all of which leave a restrictable record — rather than accepting a conviction and planning to petition four years later on a route that may not cover your offense.
Frequently asked questions
Can you expunge a criminal record in Georgia?
Georgia replaced expungement with record restriction under O.C.G.A. § 35-3-37. It limits access to the record so it does not appear on most background checks, rather than deleting it. Law enforcement retains access.
Can a misdemeanor conviction be restricted in Georgia?
Since SB 288 took effect on January 1, 2021, yes, for a limited number of qualifying misdemeanor convictions. The general requirements are completion of the sentence, at least four years with no new convictions, no pending charges, and an offense that is not excluded.
Can a DUI be expunged in Georgia?
No. DUI convictions are excluded from record restriction and remain permanently on your criminal history, visible to employers, licensing boards and insurers. This is the strongest practical reason to contest a DUI charge rather than resolve it quickly.
How long do I have to wait to restrict a misdemeanor in Georgia?
Generally four years from completing all terms of the sentence, including probation, fines and restitution, with no new convictions in any jurisdiction during that period and no charges currently pending.
Can felony convictions be restricted in Georgia?
Rarely. Felony convictions are generally not restrictable under current law, with the significant exceptions of cases handled under the First Offender Act and convictions reversed on appeal. This is why First Offender eligibility is worth protecting.
Does record restriction happen automatically?
Some non-conviction records are restricted automatically, but many situations — including misdemeanor conviction restriction under SB 288 — require an affirmative petition. Assuming it happened on its own is a common and costly mistake.
Talk it through with Matt.
A free, confidential consultation with the attorney who would handle your case — not an intake service.