The Short Answer
In Georgia, eligibility depends almost entirely on how your case ended, not on how long ago it happened. Cases that were dismissed, nolle prossed, or ended in an acquittal are restricted — often automatically. Completed First Offender sentences are restricted and sealed on discharge. Since SB 288 took effect in 2021, even some misdemeanor convictions can be restricted by petition, twice in a lifetime. Felony convictions require a pardon first.
The checker below walks through the same questions we ask in a consultation and tells you which rule applies to your case.
Georgia Record Restriction Eligibility Checker
Answer a few questions about how your case ended and see whether Georgia law allows your record to be restricted — and what the next step is. Nothing you enter is sent anywhere.
What Record Restriction Actually Does
Georgia stopped using the word “expungement” in 2013. What replaced it is record restriction: the arrest and its disposition are removed from the criminal history report that employers, landlords, and licensing boards can pull, while law enforcement and the courts keep access for criminal justice purposes.
Restriction does not touch the court file. That is a separate petition, and for cases that generated public records or press coverage it matters just as much. Our guide on record restriction vs. sealing explains how the two fit together, and what record restriction is covers the basics in more detail.
Who Qualifies Under Georgia Law
Every path to restriction runs through one of the outcomes below. Find the line that matches the final disposition in your case:
| How the Case Ended | The Rule |
|---|---|
| Charges dropped, dismissed, or nolle prossed | Restricted automatically for arrests on or after July 1, 2013. Older arrests require a request to the arresting agency.O.C.G.A. § 35-3-37(h) |
| Found not guilty at trial | Restricted, unless the acquittal was the result of jury nullification or the same conduct produced a conviction.O.C.G.A. § 35-3-37(h) |
| Arrested but never formally charged | Restricted after the prosecutor's window closes: 2 years for misdemeanors, 4 years for most felonies, 7 years for serious violent and sex offenses.O.C.G.A. § 35-3-37(h)(1) |
| Case placed on the dead docket | Eligible after 12 months on the dead docket, provided there is no active warrant.O.C.G.A. § 35-3-37(j)(3) |
| First Offender Act or conditional discharge, completed | Discharged without an adjudication of guilt, so the record is restricted and sealed on discharge.O.C.G.A. §§ 42-8-60, 42-8-62.1 |
| Misdemeanor conviction | You may petition after four conviction-free years — twice in a lifetime — if the offense is not on the excluded list.O.C.G.A. § 35-3-37(j)(4) (SB 288) |
| Felony reduced to a lesser included misdemeanor | Eligible when the misdemeanor was a lesser included offense of the original felony charge.O.C.G.A. § 35-3-37(j)(1) |
| Conviction reversed or vacated on appeal | Eligible once two years pass without a retrial.O.C.G.A. § 35-3-37(j)(2) |
| Felony conviction | Time alone never clears it. A pardon from the State Board of Pardons and Paroles is the door to restriction.O.C.G.A. § 35-3-37(j)(7) |
Summaries are simplified. Georgia’s restriction statute contains exceptions that can change the answer in an individual case.
Convictions That Cannot Be Restricted
SB 288 opened the door for misdemeanor convictions, but it carved out a list of offenses that stay on the record no matter how much time passes:
- DUI and other serious traffic offenses
- Family violence offenses
- Sexual offenses and offenses against a minor
- Theft (shoplifting and refund fraud are treated separately, with a break for offenses committed under 21)
- Obstructing a person making an emergency 911 call
- Child endangerment and cruelty offenses
A pending charge or a newer conviction also blocks the petition. The four-year clock runs from the day you finish the sentence — including probation, fines, and restitution — not from the date of the offense.
How the Process Works
- Pull your actual record. Request your GCIC criminal history and a certified copy of the final disposition. What was said in court and what was entered into the record are frequently not the same thing.
- Identify the path. Automatic and administrative restrictions go through the arresting agency and the GCIC. Everything else is a petition.
- File.Administrative requests use the agency’s restriction form. Petitions are filed in the superior court of the county where the case was handled, with notice to the prosecutor.
- Prosecutor review and hearing.The state can object. If it does, a judge weighs the harm to your opportunities against the public’s interest in the record.
- Confirm it took effect. Pull your criminal history again after the order issues. Restrictions that were granted but never processed are one of the most common problems we see.
Have an Attorney Confirm Your Result
The checker is a screening tool. Real eligibility turns on the exact disposition entered in your case, and many people find their record still shows an arrest that should have been restricted years ago. The Windecher Firm reviews your record and tells you where you stand — in English or Spanish, at no cost.
Call (404) 720-0940 or contact us online. You can also read how we handle record restriction cases.
Frequently Asked Questions
Is record restriction the same as expungement in Georgia?
Yes, in everyday terms. Georgia replaced the word "expungement" with "record restriction" in 2013. Restriction removes the arrest and disposition from the criminal history report that employers, landlords, and licensing boards can see, while law enforcement and the courts keep access.
Does restriction also remove the case from the court's records?
Not by itself. Court files stay public unless a judge seals them, which is a separate petition under O.C.G.A. § 35-3-37(m). Most people who want a truly clean background check need both restriction of the criminal history record and sealing of the court file.
How much does record restriction cost in Georgia?
It depends on the path. When restriction is automatic — dropped charges after July 1, 2013, or a completed First Offender sentence — the cost is often nothing beyond record-copy fees, because the record should already have been restricted. Petitions that go before a judge involve attorney fees and filing costs, and are typically a fraction of what defending the original case cost.
How long does the process take?
Administrative restrictions handled through the arresting agency and the GCIC usually take a few weeks to a few months. A petition filed in superior court depends on the court's calendar and whether the prosecutor objects — plan on several months.
Can I restrict more than one misdemeanor conviction?
Georgia allows the misdemeanor conviction petition no more than twice in a lifetime, and both charges from a single incident can generally be handled together. Convictions on the excluded list do not count toward that limit because they are not eligible at all.
Will a restricted record still show up on a background check?
It should not appear on a standard criminal history report once the GCIC processes the restriction. Older records already collected by private background check companies, news articles, and mugshot websites are not covered, which is why sealing the court file matters when the case attracted attention.
This article and the eligibility checker are general informational resources, not legal advice, and they do not cover every exception in Georgia law. Using them does not create an attorney-client relationship with The Windecher Firm.
About the Author
David Windecher
David Lee Windecher is the founding attorney of The Windecher Firm, admitted to the Georgia Bar in 2012 and the Florida Bar in 2014. Named “Lawyer of the Year” by the Georgia Hispanic Bar Association, he was arrested 13 times before law school and has spent his career helping people put those records behind them.
Learn more about David