If you have a criminal record in Georgia, you may have heard the terms “record restriction” and “record sealing” used interchangeably. While both processes aim to limit access to your criminal history, they are actually distinct legal mechanisms with important differences. Understanding these differences is critical when deciding which option is right for your situation.
What is Record Restriction?
Record restriction in Georgia is governed by O.C.G.A. § 35-3-37. When a criminal record is restricted, it is removed from public databases and is no longer accessible to private citizens or companies. This means that private employers, landlords, educational institutions, and other entities that conduct background checks will no longer be able to see the restricted record.
Once your record is restricted, you no longer need to worry about it appearing on background checks. The restricted record remains accessible only to law enforcement agencies and certain government entities for law enforcement purposes. For all practical purposes in your daily life, the record is as if it never existed.
Record restriction prevents any private citizen or company from accessing your criminal record. No more worrying about background checks revealing past arrests or charges that were dismissed, dropped, or resulted in acquittal.
What does it mean to have my criminal record sealed?
Sealing a criminal record means that the records are no longer available publicly and cannot be reported by private background check companies. When a record is sealed, it is effectively hidden from public view, meaning that anyone who conducts a standard background check will not find the sealed records.
Under O.C.G.A. § 35-3-37, an individual may file a motion to seal the clerk of court records associated with their case. This is a separate process from record restriction and involves petitioning the court directly to have the case file and associated documents sealed from public access.
While record restriction removes the arrest from the Georgia Crime Information Center (GCIC) database, sealing goes a step further by also making the clerk of court records inaccessible to the public. Together, restriction and sealing provide comprehensive protection of your criminal history.
Reasons for Denial
Not all cases are eligible for record restriction or sealing. The court may deny a petition for the following reasons:
Conviction
If the case resulted in a conviction that does not meet the eligibility requirements for restriction or sealing, the petition may be denied.
Witness Did Not Appear
If the case was dismissed solely because a witness did not appear to testify, the court may deny the sealing petition.
Evidence Suppressed
If the case was dismissed because evidence was suppressed by the court, the petition to seal may be denied.
Witness Tampering or Perjury Convictions
If the individual has convictions related to witness tampering or perjury, the court may deny the petition for record sealing.
Can I file without an attorney?
While it is technically possible to file for record restriction or sealing without an attorney, it is not recommended. The process involves navigating complex legal procedures, meeting strict deadlines, and presenting arguments to the court. A single mistake can result in your petition being denied.
Think of it this way: would you attempt building your home without construction experience? The legal system is equally complex, and the stakes are high. Your criminal record affects your ability to find employment, secure housing, obtain professional licenses, and more. You deserve to have an experienced attorney who knows the process inside and out fighting on your behalf.
Attorney David Windecher has restricted and sealed over 250 cases in the state of Georgia. His deep expertise in record restriction and sealing law means he knows exactly what it takes to get your petition approved and your record cleared.
“I was arrested 13 times between the ages of 11 and 22. I grew up in poverty, surrounded by crime, drugs, and violence. I was told by the system that I would never amount to anything. But I refused to let my past define my future. I went back to school, earned my degree, graduated law school, and became a licensed attorney in two states. I dedicated my career to helping people who were in the same position I was once in — people who made mistakes but deserve a second chance. Record restriction and sealing are not just legal processes to me. They are life-changing opportunities. I know firsthand what it means to have a criminal record follow you everywhere you go, and I know what it means to finally be free from that burden. That is why I fight so hard for every single one of my clients.”
About the Author
David Windecher
David Windecher is a criminal defense attorney who specializes in record restriction and sealing in the state of Georgia. He has restricted and sealed over 250 cases and is passionate about helping people overcome their past and build a better future. He believes that everyone deserves a chance to rewrite their story.
Learn more about David