Georgia Drug Offense Record Restriction Attorneys
Last updated: May 2026
Georgia handles drug cases through several restriction pathways. The right one depends on whether the case was dismissed, completed under the conditional discharge statute, completed under First Offender, or resulted in a misdemeanor or felony conviction.
Who qualifies for drug case restriction in Georgia?
Dismissed and not-prosecuted cases are typically restricted automatically by the arresting agency. Conditional discharge completions under § 16-13-2 (a Georgia drug-specific statute) are eligible for restriction. First Offender discharges qualify. Misdemeanor drug convictions can be restricted under SB 288 after the waiting period. Felony drug convictions typically require a pardon first.
How does the process work?
The lawyer identifies the right statutory path. The petition is filed in the court that handled the case. The DA gets notice. A judge signs the restriction order.
How long does it take?
Dismissed cases: 3 to 6 months. First Offender or conditional discharge restrictions: 6 to 12 months. Felony cases requiring pardon: 12 to 24 months.
How much does it cost?
Court fees $50 to $200. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
Frequently asked questions
What is conditional discharge in Georgia drug cases?
Conditional discharge is a Georgia-specific statute (§ 16-13-2) for first-time drug possession defendants. The court can defer entry of conviction during a probation period; successful completion results in a dismissal.
I completed a drug court program. Can I clear the record?
If the drug court completion resulted in a dismissal or First Offender discharge, yes. The lawyer will confirm the final court order and identify the right statute.
Will the restricted record show up on a pharmacy or nursing license check?
Licensing boards often have broader access than private employers. A lawyer can outline what each licensing body in Georgia can see.
How does Georgia treat marijuana possession?
Small marijuana possession charges follow the same restriction paths as other drug cases — dismissal, conditional discharge, First Offender, or SB 288 misdemeanor restriction.
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