Georgia Misdemeanor Record Restriction Attorneys
Last updated: May 2026
Senate Bill 288, signed in 2020, gave Georgia residents the ability to restrict many misdemeanor convictions for the first time. Before 2020, only arrest-only cases could be restricted. The rules are specific, but the door is now open for thousands of misdemeanor convictions.
Who qualifies for misdemeanor restriction in Georgia?
Most non-violent misdemeanor convictions can be restricted after a 4-year waiting period from completion of the sentence, with no new convictions in that window. Several categories are excluded: family violence misdemeanors, DUI, sexual misdemeanors, theft above a threshold, and several others listed in the statute. A person may restrict up to 2 misdemeanor convictions in a lifetime under SB 288.
How does the process work?
A petition is filed in the court that handled the conviction. The DA receives notice and can object. A hearing is sometimes required. A signed order restricts the record.
How long does it take?
Typically 6 to 12 months. Cases with DA objections can take longer.
How much does it cost?
Court filing 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
Does the 4-year waiting period start at conviction or after probation?
After the sentence is fully completed, including probation. Not from the date of conviction.
What if the DA objects?
The court can still grant the restriction if the statutory requirements are met. The judge weighs the harm to the petitioner against the public interest. Strong supporting documentation helps.
Can I restrict a third misdemeanor later?
Under SB 288, the lifetime cap is two misdemeanor conviction restrictions. Other paths (arrest-only restriction, First Offender) do not count toward that cap.
Will my employer find out about the petition?
Filings are public records. Once restricted, the case should not appear in private background checks.
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