Georgia Record Restriction Attorneys
Reviewed: May 15, 2026
Georgia is unusual: the state does not use the word "expungement." The legal process is called record restriction. The mechanics are similar to expungement — the goal is to remove a case from public access — but the statute and the forms use Georgia-specific language. This page explains record restriction in plain English.
Quick answer: Record Restriction in Georgia
Georgia is unusual: the state does not use the word "expungement." The legal process is called record restriction. The mechanics are similar to expungement — the goal is to remove a case from public access — but the statute and the forms use Georgia-specific language. This page explains record restriction in plain English.
Who qualifies for record restriction in Georgia?
Several categories qualify. The most common: cases that were dismissed, not prosecuted, or ended in an acquittal — these are usually restricted automatically by the arresting agency, though the court file may still appear. First Offender Act completions where the case was discharged without a conviction are also eligible. Some misdemeanor convictions qualify for restriction after a waiting period under SB 288, the 2020 reform law.
How does the process work?
For arrest-only restriction, the attorney files a request with the arresting agency and the prosecutor. For conviction restriction under SB 288, a petition is filed in the court that handled the case. The DA has time to object. A judge signs the restriction order.
County-by-county differences in Georgia
Georgia's record restriction process is handled at the county level, and the practical experience can vary significantly depending on where your case was prosecuted. Fulton County (Atlanta) has a dedicated Superior Court clerk unit and a Solicitor General's office that processes high volumes of restriction petitions — typical wait times after filing run 6 to 9 months, slightly longer than rural counties. DeKalb County processes petitions through its Clerk of Courts and typically takes 4 to 7 months. Gwinnett County has a well-established pro se packet for simple dismissal restrictions, though attorneys still strongly recommend professional help for anything involving a conviction.
For cases prosecuted in the City of Atlanta Municipal Court (traffic and misdemeanor violations within Atlanta city limits), the restriction petition is filed with the Municipal Court clerk, not the Fulton County Superior Court. This distinction trips up many first-time filers and can cause significant delays. A Georgia attorney familiar with the local court will catch this issue before it becomes a problem.
GCIC (Georgia Crime Information Center) is the central state repository that all restriction orders are forwarded to. After GCIC updates its records, private background-check companies typically take 30 to 90 additional days to reflect the change. Monitoring a few background-check sites in the months after your restriction order is granted helps confirm the update has propagated.
How long does it take?
Arrest restrictions typically clear in 3 to 6 months. Conviction restrictions take 6 to 12 months.
How much does it cost?
Court filing fees vary by county, commonly $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.
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Free legal help for Georgia record restriction
Atlanta Legal Aid Society (atlantalegalaid.org) serves low-income residents in Clayton, Cobb, DeKalb, Fulton, and Gwinnett counties — these five counties cover Metro Atlanta and represent the majority of Georgia's record restriction volume. The organization handles record restriction petitions for qualifying individuals at no cost.
Georgia Legal Services Program (georgialgalservices.org) covers the rest of the state outside Metro Atlanta. They operate regional offices in Albany, Augusta, Brunswick, Columbus, Gainesville, Macon, Rome, Savannah, Thomasville, and Tifton — if you are outside Metro Atlanta, this is your primary free legal aid contact.
Georgia Justice Project (gjp.org) operates a dedicated criminal record clearance program and has particular experience with Fulton County cases and First Offender Act petitions.
The State Bar of Georgia's Lawyer Referral and Information Service (800-334-6865) can connect you with a Georgia attorney for a reduced-cost initial consultation. Ask specifically for an attorney who handles OCA § 35-3-37 record restriction petitions.
How to restrict your Georgia criminal record
- Determine eligibility category. Your attorney reviews your case to confirm it qualifies - dismissed/acquitted cases, First Offender completions, or eligible conviction restrictions under SB 288.
- Obtain certified court records. Request certified copies of the disposition, sentence completion documents, and any probation discharge order from the clerk of court.
- Verify waiting period and eligibility. For conviction restrictions under SB 288, confirm the waiting period has passed since sentence completion and that you have no new convictions.
- File restriction petition. Your attorney files the petition for record restriction in the superior court of the county where the case was prosecuted. Filing fee is typically $50-$200.
- Serve District Attorney. The petition must be served on the District Attorney and the arresting agency. Both review for statutory compliance.
- Wait for DA review period. The DA has 60 days to object. Most dismissals and First Offender cases proceed without objection. Conviction restrictions are more likely to see DA review.
- Attend hearing if required. If the DA objects, the court schedules a hearing. Your attorney presents evidence of eligibility and argues for restriction under the statute.
- Receive signed restriction order. Once the judge signs the order, certified copies are sent to GCIC (Georgia Crime Information Center), the arresting agency, and the clerk. The record is restricted from public access.
Statutes cited
- Official Code of Georgia § 35-3-37 (Record restriction) — O.C.G.A. § 35-3-37
- Official Code of Georgia § 42-8-62.1 (Conviction restriction under SB 288) — O.C.G.A. § 42-8-62.1
Frequently asked questions
Why does Georgia call it "record restriction"?
The Georgia legislature replaced the word "expungement" with "record restriction" in 2013 to clarify what actually happens — the record is restricted from public access, not physically destroyed. Law enforcement still maintains the underlying record for limited purposes.
Will the restricted record show up on background checks?
After restriction, most private background checks should not show the case. Government agencies, licensing boards, and law enforcement still have access for limited purposes.
Do I have to seal AND restrict?
In Georgia the two terms are largely the same. The petition asks for both record restriction and sealing of the court file in one process.
I completed the First Offender Act. What now?
A successful First Offender completion ends without a conviction, but the case file may still appear in court records. A separate petition is often needed to clean it up.
Is there a waiting period for First Offender Act record restriction?
No — once a First Offender Act case is discharged without a conviction, the restriction petition can be filed immediately. There is no mandatory waiting period for non-conviction restrictions.
Can a felony be restricted in Georgia?
Felony convictions are generally not eligible for restriction under O.C.G.A. § 35-3-37 or the SB 288 framework. The exceptions are limited — primarily First Offender Act discharges where the felony never resulted in a final conviction. Consult a Georgia attorney about your specific case before assuming a felony conviction cannot be addressed.
Find an expungement attorney in Georgia
Browse verified attorneys in Georgia who handle record restriction cases. Every listing is built from Georgia State Bar public records.
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