Georgia record restriction (OCGA §35-3-37) — who qualifies

Georgia doesn't "expunge" records the way other states do — it restricts them, hiding them from public and employer view while law enforcement retains access — O.C.G.A. § 35-3-37 [verify]. Who qualifies splits into three big groups.

Group 1: Cases that ended without a conviction

Dismissals, nolle prosequi, acquittals, and arrests where charges were never filed are the heart of record restriction — and for most of them, relief is either automatic or available on request.

The dividing line is July 1, 2013 [verify]:

• Arrests on or after July 1, 2013: non-convictions are generally restricted automatically when the case closes — though "automatically" deserves verification; records fall through cracks, and a restriction request fixes them.
• Arrests before July 1, 2013: you apply through the arresting agency / GCIC process rather than receiving automatic relief. [verify]

Group 2: Misdemeanor convictions — the Second Chance law

Since 2021, Georgia allows restriction of up to two misdemeanor convictions in a lifetime [verify], if:

1. Four years have passed since the sentence — including probation — was fully completed;
2. You have no new convictions and no pending charges in that period;
3. The offense is not excluded — DUI, family violence offenses, sex offenses, and several others are carved out. [verify]

Second Chance restriction is by petition to the court, and prosecutors get a chance to weigh in. Clean petitions with genuinely clean intervening years are routinely granted; the exclusions list and the lifetime two-conviction cap are where eligibility dies, so check both before filing.

Group 3: Felony convictions

The hard truth: unpardoned felony convictions generally cannot be restricted in Georgia [verify]. The pathway that exists runs through the State Board of Pardons and Paroles — a pardon first, after which restriction of the pardoned offense may be available by petition, excluding serious violent and sexual offenses [verify]. It's a long road, but it's a real one for older felonies with strong rehabilitation stories.

What restriction actually does — and doesn't

Restricted records disappear from GCIC background checks employers and landlords pull, and in most private-employment contexts you may lawfully deny the restricted matter [verify]. They do not disappear from law enforcement view, from some licensing and government contexts, or — without follow-up — from private background-check databases that scraped court records earlier. Sending your restriction order to the major data brokers is the unglamorous final step that makes the relief real.

This article is legal information, not legal advice. Statute references are tagged [verify] pending review by a licensed Georgia attorney.